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McGill & Co is a Scottish immigration law firm specialising in UK immigration, nationality and refugee law.

FAMILY VISITOR APPEALS

16 May 2012 McGill & Co Solicitors Immigration

Proposals are afoot to limit the rights and scope of appeals for those wishing to visit their family and find themselves refused at the Embassy .The first stage of the limitations in appeal rights will be seen in July of this year when it is expected that Parliamentary approval will be given to the proposals to withdraw the full right of appeal to those visiting cousins / aunts/ uncles. Furthermore, in order to enage the full right of appeal the person who is being visited must have some form of deemed settlement themselves. It will no longer be possible to have a right of appeal against a refusal of a visit visa when the person you are proposing to visit is in the United Kingdom on a temporary basis. The full extent of the proposals are seen in the Crime & Court Bill published last week which is expected to receive Royal Assent in 2014. This is where the full appeal rights are to be withdrawn and refused applicants will only be able to appeal on the limited grounds of human rights or race discrimination. Whilst the Secretary of State indicates that fresh applications are the way forward and likely to only take 15 days for assessment, what about the cases which are refused simply out of error or ignorance . Are more special family events to be missed as a result of the failings of UKBA and their failings in correct assessments of applications ? Now the safety net which offered still some hope to those inflicted with the injury of erroneous refusals is to be withdrawn. A family holiday? Don't be so sure.

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