Challenging and overturning immigration refusals


Kinley Legal has many years’ experience of helping both new and existing clients challenge immigration refusals and have them overturned.

Unlike the United Kingdom, the Isle of Man has maintained a wide-ranging ability to appeal against immigration refusals on various grounds including administrative error, irrationality, failure properly to exercise discretion, and human rights arguments.

Appeals can be made against several types of decisions including refusals to grant an initial visa or an extension of stay, a grant of permanent residence (ILR) or in the event existing leave to remain is curtailed.

Appeals at first instance are heard by the Isle of Man Immigration Adjudicator, an Isle of Man immigration judge who is independent of both the Isle of Man Immigration Service and of the UK Home Office or UK tribunal system.

Kinley Legal acts for people appealing against immigration refusals, providing advice and assistance in the preparation of grounds of appeal and written legal arguments, then attending court hearings to present the argument and deal with oral evidence.

Higher appeals can be made against the decision of the Immigration Adjudicator to the High Court of Justice of the Isle of Man, but this is rarely necessary.

In the case of immigration refusals of a type that cannot be appealed to the Immigration Adjudicator, such as a refusal to grant a Worker migrant Confirmation of Employment, we can advise you on the merits of presenting a petition of doleance (judicial review application) and other methods of redress.

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