Challenging and overturning immigration refusals
In this section
Kinley Legal has many years’ experience of immigration appeals, helping both new and existing clients challenge immigration refusals and have them overturned.
Unlike the United Kingdom, the Isle of Man keeps a wide-ranging ability for people to appeal against immigration refusals. Appeals can be on a wide number of grounds, including administrative error, irrationality, failure properly to exercise discretion, failure correctly to apply the law, and human rights arguments.
People who have received several types of immigration 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, can potentially appeal against the decision. When an appeal is successful, it reverses the decision and the immigration permission is granted or retained.
Adjudication of appeals
The Isle of Man Immigration Adjudicator hears immigration appeals at first instance. The Adjudicator is an experienced Isle of Man judge who is independent of the Isle of Man Immigration Service. The Adjudicator is also entirely independent of the UK Home Office and the UK’s immigration tribunal system, and the rules and procedure are different from those in the UK.
Kinley Legal acts for people appealing against immigration refusals. We provide advice and assistance throughout the process, including preparing grounds of appeal, witness statements and legal arguments. In cases where court hearings take place, we present the appeal and the legal argument for you, as well as dealing with witness evidence.
Higher court appeals
You can potentially make a higher appeal against the decision of the Immigration Adjudicator to the High Court of Justice of the Isle of Man, but this is rarely necessary.
The Immigration Adjudicator cannot hear appeals on certain matters, such as a refusal to grant a Worker Confirmation of Employment or a Business Migrant letter of endorsement. In these cases, Kinley Legal can advise you on the merits of presenting a petition of doleance (judicial review application) to the High Court, as well as other methods of redress.
Can I attend my appeal hearing in person?
If you have submitted your application "in-country" from within the Isle of Man, UK or Channel Islands, you can attend your appeal hearing and may be asked to give evidence. If your application is made "out of country" from overseas, you will not usually be able to attend the hearing or give evidence in person, unless (unusually) you are granted a visitor visa to do so.
Can you guarantee my appeal will be successful?
No. As with all court processes, success can never be guaranteed. What Kinley Legal will do on reviewing your case is give you our estimate, based on our experience, of the likelihood of your appeal being successful.
How long does the appeal process take?
The appeal process in the Isle of Man is much faster than that in the UK. For a full appeal with a court hearing, the process usually takes 3 to 4 months from submission of the appeal to a decision being handed down by the Immigration Adjudicator.
Can I continue to live in the Isle of Man while I am waiting for the outcome?
If your application has been made "in-country", your previous leave to remain is deemed to continue until the appeal is determined or withdrawn.