What is Isle of Man probate, and do I need it?21/02/2023
Register for our webinar!29/03/2023
Making the decision to emigrate is probably the most important decision you will make in your life.
Besides all the practical and logistical considerations, navigating the Isle of Man immigration system can be a complex task. It may also be challenging emotionally – starting a new life in a new place. While there is professional help available from qualified and insured Isle of Man law firms like Kinley Legal, sometimes people may choose to go it alone. They may even use the services of people familiar with the UK procedures who are under the mistaken impression that the law is the same or that the Isle of Man is part of the UK. This simply isn’t true: while Isle of Man immigration law and procedure was originally based on that in the UK, there are many major differences.
Everyone’s personal circumstances and immigration position is different, and the Immigration Rules change regularly, so seemingly small mistakes can lead to the devastating result of having your visa refused, leaving you out of pocket and having wasted many agonising months waiting for a decision.
Common reasons for refusal
Refusal decisions can result from a variety of factors but some of the more common (and very preventable) examples include:
- giving inaccurate, false or incomplete information in the application;
- not providing sufficient supporting documents or submitting false documents;
- misinterpreting the Immigration Rules;
- providing a wilful or accidental misstatement of fact;
- providing wrong English test certificate;
- missing the submission deadline (for extension applications); and
- making an application using the wrong application form.
What can I do if my visa is refused?
If your visa is refused, it is advisable that you take immediate action and discuss the circumstances with a professional who can advise on Isle of Man immigration law. This way, your case will be properly and objectively assessed. Qualified professionals will be able to explain the options that are available to you and recommend a course of action which is most suited to your individual circumstances.
Can I appeal the decision?
One possible course of action is to appeal the Immigration Officer’s decision.
In the Isle of Man, the right of appeal is wider ranging than in some other jurisdictions, like the United Kingdom, for example, but this doesn’t mean that it is always the most appropriate option for you.
You may have a better right to appeal than in some other jurisdictions but the threshold is still quite high and there are strict rules relating to the timing of an appeal and the type of evidence that can be considered by the adjudicator.
The Appeal process
An Immigration Appeal is heard by an Immigration Adjudicator in the Isle of Man and there is a prescribed procedure which must be followed.
You, as the person lodging the appeal, are known as the “Appellant”. The decision maker, whose decision you are asking be reviewed, is known as the “Respondent”. As the Appellant is asserting that the decision made by the Respondent was flawed, it falls to the Appellant to prove that this is the case to the relevant legal standard.
Appealing an immigration decision is a type of complex court process and there are strict procedural rules that must be followed. This means that there are prescribed rules about the conduct of an Appeal – for example, how you give notice of an appeal, the form and content of an appeal form, and the time limits that apply during the appeal process.
There are also rules about the type of evidence that is admissible and how this evidence can be presented to the Immigration Adjudicator. Documents are also filed in a particular way, within specific timelines; either as set out in the procedural rules themselves or as provided to the parties by the Immigration Adjudicator in what is called a Directions notice.
In many cases, you may need an Isle of Man Advocate to represent you at a formal hearing in court. If you need a visa to visit the Isle of Man, it is unlikely that one will be approved to allow you to attend the hearing in person.
The whole process can take many months, often more time than it took getting the refusal decision in the first place but it can be a useful tool in cases where there has been a mistake in the law.
How can Kinley Legal help?
Kinley Legal’s immigration lawyers have experience in all areas of Isle of Man Immigration and Nationality law. We can review a refusal decision and evaluate it with reference to all the circumstances. Kinley Legal can clearly explain the options available to you and identify any potential issues. Kinley Legal’s immigration advocates are experienced in the appeals process and are qualified to represent you.
If you would like to make an appointment for a call, in-person meeting or online meeting to discuss your situation please get in touch by e-mail at email@example.com or complete our simple contact form, and we would be pleased to help.