Immigration Corner | Steps to appeal a humanitarian decision
Published:Monday | July 30, 2018 | 12:00 AM
Dear Mr Bassie:
What are the actual steps that are to be taken to appeal a humanitarian application that has been denied? Any advice would be appreciated.
- G.V.
Dear G.V.
Persons have 28 days to appeal receiving a decision. If persons must leave the country before being allowed to appeal, those persons will have 28 days to appeal once they have left the country. If persons apply after the deadline, an explanation must be given as to why the appeal is late and the tribunal will decide if it can still hear their appeal. It is suggested that persons apply online if they can, as online appeals are faster than post or fax appeals.
There are a number of ways to appeal, depending on the reason for appealing. If persons are appealing:
• A decision to refuse a human rights claim for entry clearance, it is suggested that they apply online or by post or fax with form IAFT-6;
•If a human rights or protection refusal is given where you can only apply after you have left the country, it is suggested that persons apply online or by post or fax with form IAFT-7;
• If a decision by the Home Office to deport you as a European Economic Area (EEA) national, it is suggested that you apply online or by post or fax with form IAFT-5.
If the application for an EEA family permit as a family member of an EEA national was refused by the Home Office under the EEA Regulations, it is suggested that persons apply online or by post or fax with form IAFT-6 and if certain decisions about applications were submitted before 6 April 2015 online or by post or fax with the relevant form.
When appealing by post or fax, persons should download and fill in the relevant form from www.GOV.UK and send or fax it with copies of the documents that support the appeal to the address on the form.
Persons can ask on the appeal form for a decision to be made either: just on the information in your appeal form and any documents supplied to the tribunal or at a hearing that their representatives can attend.
The tribunal can decide to have a hearing even if persons do not request one and those persons will be told if this is the case. If the tribunal does not hold a hearing, a judge will decide the case based on the appeal form and documents.
Hearings are usually carried out in public. However, persons can ask for it to be held in private or to attend by video link, but there must be a reason for the request. For example, a public hearing would put that person in danger.
Persons can ask for a male or female judge if they think that there are issues in the appeal that make it appropriate. The tribunal will decide if it can do this.
Persons should contact the Customer Enquiry Unit before the hearing if any special help is needed, for example, someone attending on behalf of the appellant needs wheelchair access. The contact details are:
Customer Enquiry Unit
Telephone: +44 (0)300 123 1711
Monday to Friday, 8.30 a.m. to 5 p.m.
Find out about call charges
Costs and payment
The costs are PS80 without a hearing and PS140 with a hearing. Persons may not have to pay if they are eligible for legal aid.
Read the tribunal fees guidance for more information.
If they are not sure if they should pay more fees, persons should contact the tribunal:
First-tier Tribunal (Immigration and Asylum Chamber) customer.
Telephone: +44 (0)300 123 1711
It is best to find out about call charges before making contact.
Persons can pay the fee with a credit or debit card when making an appeal online or by including the details on the appeal form. If the appeal has already been made, then the fee can also be paid online.
Good luck.
- John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a Fellow of the Chartered Institute of Arbitrators, a chartered arbitrator and a member of the Immigration Law Practitioners Association (UK). Email:lawbassie@yahoo.com