Removal of right of appeal for family visitors expected in June 2013
29 April 2013
Further to our piece last year, the Crime and Courts Bill, which removes the right of appeal for family visitors to the UK, received Royal Assent on 25 April 2013. The UK government initially intended to delay full implementation of the Bill until 2014, but this has been brought forward to around 25 June 2013. The removal of this right will now impact any applications for entry clearance as a family visitor made on or after the implementation date.
Instead, the UK Border Agency will suggest that applicants who receive a refusal submit a fresh application addressing the reasons for their previous refusal.
The UK Border Agency's stated objectives of the Bill are to bring the family visit category in line with other visit visa categories and reduce pressure on the UK judicial system. However, we are unsure if the removal of this right will have any actual impact on UK courts and tribunals as applicants can still appeal under Article 8 of the European Convention on Human Rights.
