There have been significant changes for rights and grounds of appeal introduced in an immigration appeal system recently including EEA appeals.
Appeal rights against adverse EEA decision originate in the EEA Regulations.
EEA decision is a decision concerning:
- A person’s entitlement to be admitted to the UK.
- A person’s entitlement to be issued with a registration certificate, residence card, derivative residence card, permanent residence card or a document certifying permanent residence in the UK.
- A person’s removal from the UK because he or she is not a qualified person or a family member of a qualified person.
- A cancellation of a person’s right to reside in the UK.
Appeals are usually made to the First-Tier Tribunal Immigration and Asylum Chamber. If the appeal is dismissed, it may be possible to request a reconsideration of the decision by the Upper Tribunal on a point arising of law.
There are some appeals that can be brought in country and others that can only be brought out of country. For example, if you are a family member of EEA national and you have been refused to be issued with an EEA family permit, you can only appeal out of country.
Different time limits apply to exercise an in country right of appeal and out of country right of appeal. You can appeal in country within 14 days after you received an EEA decision and the reasons for refusal. If you are appealing out of country, the time limit is 28 days.
Appeal work always requires a thorough preparation of all the supporting evidence and an impeccable representation before the First-Tier or Upper Tribunal to be successfully allowed.
We witnessed our clients’ appeals in which they represented themselves being dismissed even though they had really strong cases. That is because appeals require specialist immigration knowledge and it may be very difficult for a non-lawyer to submit all the relevant evidence and present their case before the Tribunal successfully.
Anglia Immigration Law provides immigration advice services concerning appeals against adverse EEA decisions. We can help you to prepare all the necessary documentation and assist you with representation at the Tribunal hearing.