Amendments have been made to Section 94B of the 2002 Act which came into effect 1st December 2016.
The Immigration Act 2016 extended section 94B to apply to all refusals of human rights claims, not just deportation appeals. This means that the Secretary of State has the power to ‘certify’ immigration appeals as only pursuable from abroad, where she judges that this will not cause “serious or irreversible harm”. The new law extends its application to most people appealing an immigration decision, meaning that they can be removed from the UK first and forced to appeal from abroad. This undermines fair and effective access to justice for migrants and will cause gross injustice for families living in the UK.
If you need advice on an immigration matter or have an application you need assistance with, please contact us on 01793 836010.