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Making a new entry clearance application while appeal is outstanding

Making a new entry clearance application while appeal is outstanding

Interesting snippet I just spotted while trawling appeals policies for a major update of the Immigration Act 2014 ebook and course:

A person who has an appeal pending can make a fresh application for entry clearance in the same or any other category. There is no requirement for a person to withdraw an appeal.

Comes from section 20 of Appeal procedures: APL01. I’d always have said this was the law but thought that ECOs nevertheless refused to process new applications while there was an outstanding appeal.

Different provisions apply within the UK: it is not possible to make a new application within the UK while an appeal remains outstanding owing to the operation of section 3C of the Immigration Act 1971 and the case of JH (Zimbabwe) [2009] EWCA Civ 78.

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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