APL04 - Limited or residual rights of appeal
This is internal guidance for use by entry clearance staff on the handling of appeals lodged outside the United Kingdom (UK). It is a live document under constant review and is for information only.
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APL4.1 What are limited or residual rights of appeal?
All refusal decisions attract a right of appeal on residual or limited rights of appeal. These are defined as appeals on race discrimination and human rights grounds. These grounds are residual because they derive from non-immigration legislation. Post is not required to tell a person with limited rights of appeal how to exercise that appeal.
APL4.2 Appeals on human rights grounds - action by Post
An applicant's claim that you have breached their human rights is not an appeal until you receive an appeal form. If an applicant asks for an appeal form to make a limited right of appeal, Post must provide them with an IAFT-2 appeal form and re-serve the reasons of refusal (without making any changes) on a GV51(FRA) refusal notice. The appellant will have 28 days from the date of receipt of the GV51(FRA) to lodge the appeal with the Tribunals Service.
If Posts need further advice about appeals on human rights grounds, they should forward the enquiry to UKBAIG Entry Clearance Appeals Team (on the GAL).
APL4.3 Which applications attract a limited right of appeal?
From July 9 2012 applications for the following attract a limited right of appeal:
1. General visitors
2. Applicants refused a visa to visit a non qualifying relative (an aunt, uncle, niece, nephew or first cousin will no longer be able to lodge a full right of appeal, even if the relative they are visiting has the required status)
3. Business visitors
4. Academic visitors
5. Doctors on clinical attachments and dental observers
6. Student visitors
7. All points-based system categories
8. Dependants applying at the same time as the principal applicant, when the principal applicant is refused
9. Refusal under paragraph 320 (1) - 320 (6).
Applications received before 9 July 2012 which are subsequently refused should be given a right of appeal in accordance with the regulations in force at the time their application was made. (Immigration Appeals (Family Visitor) Regulations 2003).
APL4.4 Appeals on race discrimination grounds
For appeals where race discrimination grounds are raised, a valid right of appeal against the refusal will exist. The amendment is made under Section 51(1) of the Crime and Courts Act 2013.
Procedures under APL 4.2 should be followed.