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Immigration decision triggers right of appeal, not notice of decision

Immigration decision triggers right of appeal, not notice of decision

It is the immigration decision that triggers the right of appeal, not the notice of decision:

Singh (No immigration decision – jurisdiction)[2013] UKUT 440 (IAC) is authority for proposition that the First-tier Tribunal has jurisdiction to hear an appeal only where there has been an immigration decision. It is not authority for the proposition that where an immigration decision has been made the First-tier Tribunal has no jurisdiction to hear an appeal against such decision unless the SSHD has first complied with her obligations under the Immigration (Notices) Regulations 2003.

This decision was made under the old appeal regime prior to the Immigration Act 2014. I would have thought it applies equally under the new regime.

Source: BJ ( Singh explained) Sri Lanka [2016] UKUT 184 (IAC)

Colin Yeo

Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder and editor of the Free Movement immigration law website.

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