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Full Immigration Appeal rights under the Points Based System now abolished

The Immigration Act 2014 has brought in many crucial changes to UK immigration law. One of these changes came into force from 2 March as full appeal rights for immigration applications under the Points Based System, or PBS, were ended.

Under the terms of the Immigration Act 2014, appeal rights for such applications under Tier 4 had already ceased from 20 October 2014, and the same change has since been enacted to rights for applications under Tiers 1, 2 or 5. This situation means that migrants making initial PBS applications should be meticulous to ensure that these applications are as perfect as possible – and they will need help from immigration lawyers to do so.

It is technically still possible for migrants affected by this law change to appeal on human rights or refugee grounds. It has been argued that if human rights are engaged in some manner, a human rights appeal will remain “in accordance with the law”.

However, such an appeal will often not even be an option, as human rights are unlikely to be engaged in the majority of PBS cases. For most migrants affected by the law change, the only realistic option for seeking an independent legal remedy will be applying for judicial review.

The abolition of appeal rights for PBS migrants has been carried out under Article 7 of the Immigration Act 2014 (Commencement No. 4, Transitional and Saving Provisions and Amendment) Order 2015 (SI 2015/317). This Article 7 has amended the Immigration Act 2014 (Commencement No. 3, Transitional and Saving Provisions) Order 2014 and revoked the Immigration Act 2014 (Transitional and Saving Provisions) Order 2014.

Migrants affected by this abolition are advised to seek advice from immigration lawyers. Farani Taylor can inform such migrants about what legal options are currently available to them.

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