Challenging and overturning immigration refusals
In this section
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.
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.