Appealable immigration decisions meaning

In practice, this describes Home Office immigration decisions that can be challenged by a statutory appeal to the First-tier Tribunal (Immigration and Asylum Chamber), rather than only by administrative review or judicial review. In the UK (England & Wales, Scotland and Northern Ireland), the decisions that attract a right of appeal are set out in section 82 of the nationality, Immigration and Asylum Act 2002, as amended by the Immigration Act 2014. Broadly, these are: refusal of a protection claim (asylum or humanitarian protection), refusal of a human rights claim, and revocation of protection status. Appeal rights for EU Settlement Scheme and wider citizens’ rights decisions arise under the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020. Appeals lie to the First-tier Tribunal, with onward appeal to the Upper Tribunal on a point of law. Usage is broadly consistent across the UK jurisdictions. In Ireland, the phrase is descriptive rather than a defined statutory term; appeal rights are governed principally by the International Protection Act 2015 (to the International Protection Appeals Tribunal), with many other immigration decisions challenged by judicial review in the High Court. Practical significance lies in identifying whether a statutory appeal is available and its suspensive effect.