Immigration Appeals can be divided into two main categories:
- Incountry Appeals
- Out country Appeals
Similarly the immigration decisions can also be categorized as those attracting full rights of appeal and those giving limited rights of appeal. In case of full rights of appeal, the appellant can make use of all the grounds of appeal as provided by the Nationality, Immigration and Asylum Act 2002. While where a person has limited rights of appeal, that means that they may appeal to an adjudicator on certain specified grounds.
The grounds are:
- Human rights – the decision is (or removal as a result would be) unlawful under the Human Rights Act, in that it is incompatible with the person`s rights under the European Convention on Human Rights.
- Asylum – removal as a result of the decision would breach the UK`s obligations under the Refugee Convention [this appeal ground is not available from abroad]
- Race discrimination – a public authority has unlawfully discriminated against the appellant.