Since the update the last time on the law on UK immigration was made public on September 15, 2014 on this website, there have been additional developments in this part of the law as a push forward in its agenda to reform the system of immigration is made by the UK Government.
As of October 20, 2014 where the application of a student is refused for leave to remain in the UK there will be no right to appeal against the decision of the Home office to deny leave under the provisions of Tier 4. Students’ dependants will be subjected to similar provisions except their own status of immigration does not depend on the student.
In order to replace appeals to the Tribunals for their dependents and students there is now the introduction of a new system of administrative review. An application can be made for administrative review to the Home Office by the student where an application is refused. In administrative review, it is the Home Office that acts in the place of judges because the Home Office rather than the judges would be the ones to review its own decisions. If there is an unfavourable result in the application for administrative review, the student has an alternative to make an application for Judicial Review. This is not similar to making a First Tier Tribunal appeal. Applications for Judicial Review are presently made to the Upper Tribunal and they are more complex and costly.
In the future where students have included a claim to human rights in their leave to remain application it could be possible for students to have a right of appeal against a decision of the Home Office. This is due to the fact that in the future, where a student has made a human rights or protection claim in the application for leave is the only basis under which an appeal rights can be generated.
Those who are due for deportation equally do not have any right of appeal in-country against their deportation from the UK decision. The same provisions would be subjected to their dependants except if the immigration status of the dependents does not depend on the status of the deportee. The rule in general will then become as the Home Secretary and Prime Minister have stated on television severally “deport first and appeal later.” But this general rule has an exception so those that could be affected would need to confirm if they are applicable to the exception. If they are applicable to the exception, then their appeal can be made in-country. It they are not applicable to the exception, they will only be allowed to make an appeal when they are no longer in the UK.
Another change that is significant and noteworthy is in regards to the applications for British citizenship assessments by the Home Office. British Citizenship applications are considerations to be made at the Secretary of State’s discretion. The assessment of applications are based against a criteria that is set including that the applicant must have a character that is good. An applicant can be disqualified under the assessment of good character if they have certain behavior. There is the likelihood that the British Citizenship application is going to be refused if the maker of decision is not satisfied that an applicant is a good character person.
The Home Office in December 2014 added some behaviours which are undesirable to the list of behaviours which are disqualifying to comprise of the behaviours that follow:
Entry illegally – if the applicant came into the UK illegally, their British Citizenship application is probably going to be refused.
Rendering illegal migration assistance – the Home Office in this situation can turn down an application if there are grounds of suspicion that facilitating of migration illegally is what the applicant was involved in.
Evading control of immigration – this applied to situations where there was failure by the applicant to make an observance of their temporary admission or leave to remain condition like working more than the number of hours permitted. Another instance of failure is refusal to report to the enforcement unit at the locality for those who have instructions for reporting.
On the subject the Home Office guidance provides that where there is an application of the above behavior that disqualifies, a citizenship application is going to be turned down from the date that the applicant came into the UK to a period of 10 years. If the authorities do not know the entry date into the United Kingdom, then the period of 10 years is counted from the period that the Home Office had awareness of the presence of the applicant in the UK.
It is noteworthy that the above behaviours which disqualifies are not compatible with articles 34 and 31 of the Refugee Convention 1951. Where citizenship is refused on a person who is granted the status of a refugee because they illegally entered the UK or the conditions attached to their leave were breached, the decision can be challenged on the basis that the Refugee Convention is not compatible with it.
Note please that there is the introduction of other changes which this article has not mentioned. This paper does not intend to provide legal advice directly for the individual cases of people. If you feel that the reforms to the Immigration laws of the UK could affect you then please search for a professional advice.