What does it mean for a decision to not be in accordance with the rules?
How does the Nationality, Immigration and Asylum Act 2002 set out the grounds of appeal?
Section 84 of this Act outlines valid grounds of appeal to the Immigration & Asylum Chamber, which are:
that the decision is not in accordance with the immigration rules
that the decision is unlawful by virtue of Race Relations Act section 19B
that the decision is unlawful under the Human Rights Act i.e. the decision is incompatible with the Convention rights of the appellant
that the appellant’s rights under the Community Treaties would be breached because they or a family member are an EEA national
that the decision is not in accordance with the law (other than the immigration rules)
that discretion should have been exercised in a different way to how it was legally exercised by the initial decision maker
According to section 86, the i mmigration & Asylum Chamber is legally bound to allow an appeal brought before it ‘in so far as it thinks that’ one of the above grounds of appeal is the case.
For more information on:
- What does it mean for a decision to be not in accordance with the immigration rules?
- Does the immigration decision have to be in accordance with the immigration rules at the date of the application, decision or appeal hearing?