What are the sources of UK Immigration Law?

Immigration Law is comprised of Primary Legislation, Secondary Legislation, Rules, and Policies. The key Primary Legislation includes:

· Immigration Act 1971

· British Nationality Act 1981

· Human Rights Act 1998

· Nationality, Immigration and Asylum Act 2002

The Immigration Act 1971 is the foundational legislation that provides the power to set rules and regulate immigration (entry and stay) in the UK. The Immigration Act 1971 has been further updated and amended over the years and is supported by Immigration Rules.

The application of the 1971 Act is further determined by case law both in the UK and in the European Court.

What are the Immigration Rules?

The Immigration Rules are the criteria that people must satisfy if they wish to enter and stay in the UK. The Home Office uses the rules to determine applications, and they are not easy to follow or understand. However, it is important to know which apply to your situation and to check for updates on the government website.

The Immigration Rules are broadly grouped into three categories:

1. Points-based system – for people working and studying in the UK

2. Non-points-based system – visas, family migration, Appendix EU, and Hong Kong (BNO) routes

3. Claims for asylum and human rights applications

Essential Information About Making an Immigration Application

All applications must be submitted in full and to constitute a ‘valid application’ this MUST:

· be made using the correct form

· have all mandatory sections completed

· include the fee, where applicable

· include any applicable surcharges

· include proof of identity

· include two passport-sized photographs

· have written consent for persons under 18

· have biometric information where requested

If any of the above are incomplete, the application will likely be rejected which may have consequences for the applicant.

Supporting documentation must be included where required. The Home Office provides a list of suggested documents, but you may need to use alternative documents where you cannot produce the specified ones.

Ensure that you only include original documents that are in English or that include a certified translation.

What is the Role of the Immigration and Asylum Tribunal?

The Immigration and Asylum Tribunal is part of the First-Tier Tribunal system. They are responsible for settling legal matters involving:

· Permission to stay in the UK

· Deportation from the UK

· Entry clearance to the UK

· Applications for immigration bail (from people being held by the Home Office)

The Tribunal has wide powers to manage cases and will set directions to the parties.

The Tribunal must hold a hearing before making a decision unless one or more of the exceptions apply, being:

a. Each party has consented to, or not objected to a decision without a hearing;

b. The Lord Chancellor has refused a certificate of fee satisfaction for a hearing;

c. The appellant is outside of the UK and there is no UK contact address;

d. A hearing would be impracticable;

e. A party has failed to comply with the rules, a practice direction or other direction, and the Tribunal has determined that it is appropriate to determine the appeal without a hearing;

f. The case is abandoned or the Tribunal is bound to take no further action;

g. Upon notice to the parties and providing an opportunity to make representations, the Tribunal considers that it can determine the appeal without a hearing.

With a few exceptions, all hearings are conducted in public. The 

Tribunal may decide if parts or the entire hearing shall be heard in private. Additionally, the Tribunal can still conduct a hearing in a party’s absence.

Can I Appeal a Decision of the Immigration and Asylum Tribunal?

If you are seeking to appeal a decision, you must make a written application to the Tribunal for permission to appeal. This must be sent within 14 days of the date the written reasons was sent for parties in the UK, and 28 days for parties residing outside the UK.

The Tribunal will consider the application and whether to review its decision. They may amend its decision or part of it or take no action. The Tribunal must send a record of its decision to the parties with either a statement of reasons for refusal or permission to appeal on limited grounds.

If the Tribunal refuses permission to appeal, the parties can still make an application to the Upper Tribunal for permission within the time limits set by the Tribunal in its decision notice.

The Tribunal’s decision can only be reviewed where:

a. An application for permission has been granted; and

b. It is satisfied that there was an error of law in its decision

Useful Links

Here are some useful links for up-to-date information about Immigration and Asulym:

• UK Government: Entering and staying in the UK - GOV.UK (www.gov.uk) 

• Guidance on Immigration Rules: https://www.gov.uk/guidance/immigration-rules

• The Immigration Act 1971: Immigration Act 1971 (legislation.gov.uk)

If you are looking for a legal advocate or professional advice for your matter, please contact our team for a confidential discussion on 0800 294 2077 or by email via sima@newhallchambers.co.uk