Since the 25th of June, 2013 The Home Office enforced there will be no right of appeal against the refusal of a family visit visa application unless the appeal is on human rights or race discrimination grounds. Even though The Home Office deems it impossible to breach race or discrimination grounds.
The main articles to look for how The Home Office deems human rights to be breached are Articles 3 and 8.
Article 3 protects individuals from being subjected to torture, inhuman and degrading treatment.
Article 3 is absolute, so there is no situation in which it can lawfully be breached.
Many cases in which Article 3 rights could be breached are likely to fall under the Refugee Convention, such as if you are at risk of torture. Some Article 3 cases are about different risks, however. This includes exceptional medical cases.
Article 8 is not absolute. Human rights law recognises that people have the right to a family and private life, but also recognises that the state has the right to exercise immigration control. Article 8 arguments are therefore always about weighing up these opposing rights – if you can prove that the breach to your Article 8 rights would be so serious that it outweighs the state’s right to remove/deport you (a “disproportionate breach”), you should be granted leave to remain.
The changes were brought in as part of the Crime and Courts Act.
Appeals make up more than a third of all immigration appeals going through the system, with many applicants using it as an opportunity to submit information that should have been included in the first place.
Removing the right of appeal will save £107 million over the next decade, making the process faster and cheaper for applicants and allowing officials to focus on more complex cases, such as asylum claims and foreign criminal deportations.
Under the new system, anyone refused a visit visa can submit a fresh claim instead of appealing and they may reapply as many times as they like and can provide additional information in support of their application.
According to the Home Office, a decision will take typically 15 days under the new system, in comparison to the appeal route, which can take up to eight months.