Not all applications or appeals have a right to be heard while you are in the UK.
If the Home Office certify a claim under section 94, it restricts the right of appeal against refusal so you can only appeal once you have left the UK. This is called a “non-suspensive appeal”, because the Home Office don’t suspend your removal from the UK in order for you to appeal.
The 2014 Immigration Act gave the Home Office the power to deport foreign nationals with criminal convictions without allowing them to appeal the deportation in the UK, under a policy known as “deport first, appeal later”. In these circumstances, the appellant would not be in the UK to give evidence in support of their case. The 2016 Immigration Act then widened these powers to affect all migrants wishing to appeal on human rights grounds.
Even with you out of the country we can still assist by providing an expert report on your private and family life in the UK.
The essence of our reports shows evidence of your private and family life in the UK, by taking evidence directly from your family members in the UK, particularly any children you are separated from. This report will detail the bonds, links and attachments these family members, especially children have with you and how they are being negatively affected by your absence.
Article 8 of the Human Rights Act 1998 – The Right to respect for private and family life
1 Everyone has the right to respect for his private and family life, his home and his correspondence.
2 There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others. These details can be found at:
https://www.legislation.gov.uk/ukpga/1998/42/schedule/1/part/I/chapter/7. [Accessed 29 May 2019].
Section 55, Borders, Citizenship and Immigration Act 2009 which deals with;
Duty regarding the welfare of children
(1)The Secretary of State must make arrangements for ensuring that—
(a) the functions mentioned in subsection (2) are discharged having regard to the need to safeguard and promote the welfare of children who are in the United Kingdom, and
(b) any services provided by another person pursuant to arrangements which are made by the Secretary of State and relate to the discharge of a function mentioned in subsection (2) are provided having regard to that need.
(2) The functions referred to in subsection (1) are—
(a) any function of the Secretary of State in relation to immigration, asylum or nationality;
(b) any function conferred by or by virtue of the Immigration Acts on an immigration officer;
(c)any general customs function of the Secretary of State;
(d) any customs function conferred on a designated customs official.
(3) A person exercising any of those functions must, in exercising the function, have regard to any guidance given to the person by the Secretary of State for the purpose of subsection (1).
(4) The Director of Border Revenue must make arrangements for ensuring that—
(a)the Director’s functions are discharged having regard to the need to safeguard and promote the welfare of children who are in the United Kingdom, and
(b)any services provided by another person pursuant to arrangements made by the Director in the discharge of such a function are provided having regard to that need.
(5) A person exercising a function of the Director of Border Revenue must, in exercising the function, have regard to any guidance given to the person by the Secretary of State for the purpose of subsection (4).
(6) In this section—
- “children” means persons who are under the age of 18;
- “customs function”, “designated customs official” and “general customs function” have the meanings given by Part 1.
(7) A reference in an enactment (other than this Act) to the Immigration Acts includes a reference to this section.
(8)Section 21 of the UK Borders Act 2007 (c. 30) (children) ceases to have effect.
These details can be found at: https://www.legislation.gov.uk/ukpga/2009/11/section/55. [Accessed 29 May 2019].
For further legal information see:
See also Her Majesty’s Government’s website https://www.gov.uk/immigration-asylum-tribunal/appeal-from-outside-the-uk
Contact us to discuss your situation further or call us on 07951155726