Immigration Update: The Right of Appeal for Family Visits to End

Between July and October 2011, the Home Office carried out a consultation on whether applicants who had been refused a family visit visa should have a full right of appeal. Now, a clause in the Crime and Courts Bill published on 10^th May 2012, will remove the full right of appeal for those applying to enter the UK as a family visitor. Subject to Parliamentary approval, this change is expected to come into force by 2014.  Refused applicants will still be able to appeal on the limited grounds of human rights or race discrimination.

Putting an end to the right of appeal for visitors could save the UK Border Agency (UKBA), between £8-12 million per year and the justice ministry up to £24 million in the cost of immigration judges and tribunals. However there is widespread disapproval of the Home Office’s plans, particularly from within British Asian communities, who form the majority of applications for visit visas.

Home Office statistics show that 420,000 visa applications were made for short-term visits by close relatives of British families in 2010, at a cost of more than £70 each. Out of the decisions made, 350,000 family visit visas were allowed and 88,000 were turned down. 36 per cent of the 63,000 appeals made against the refusal were successful.

In June 2012 the UKBA will also introduce secondary legislation which will tighten the family and sponsor definitions in family visit visa appeals. Subject to Parliamentary approval, these changes are expected to come into force in July 2012. Those applying to visit a cousin, uncle, aunt, niece or nephew will no longer have access to a full right of appeal, and to use that appeal right, the family member being visited in the UK must have settled, refugee or humanitarian protection status.

The impact of the legislation

The removal of appeal rights is a very controversial area and does not come without legal risk, although the blow of eliminating the appeal procedure is softened by the fact that there may be a right of appeal under Human Rights laws. The new laws will prevent many thousands of people visiting their families in the UK for weddings, funerals and other important occasions. It is understandable that many feel aggrieved at legislation removing the right to appeal. The government’s own statistics show that the initial decision-making on family visit visas is somewhat flawed, with 36 per cent of appeals against refusal being granted at the appeal stage.

The only way a UK sponsor can minimise the effects of this decision is to think very carefully about obtaining legal advice from an experienced immigration lawyer to ensure that they have the best possible chance of obtaining a visit visa for their relative.

   

By Manoj Athi

HighStreetLawyer Sheffield/West Bromwich