If you have been refused indefinite leave to remain in the UK, you may always appeal based on the following grounds:

  • The decision is unlawful due to discrimination by public authorities, which is against the Race Relations Act of 1976.

  • The decision violates Section 6 of the Human Rights Act 1998 and is incompatible with the appellant’s Convention rights.

If the United Kingdom Border Agency has informed you that they intend to remove you from the country, you may also submit an appeal if your removal would be against the UK’s obligations under the 1951 UN Convention Relating to the Status of Refugees.

You may or may not be also able to appeal for permanent residence under the following circumstances:

  • The UK Border Agency’s decision violated the immigration rules or was not in line with it.

  • The UK Border Agency’s decision was not in line with the UK law

  • The immigration rules allowed the person who made the final decision to exercise his/her own judgment on your case and that person’s judgment should have been exercised otherwise.

 

Finally, it is under the circumstances below that you will not have a right to appeal for indefinite leave to remain:

  • You still have permission to stay in the country despite the Border Agency’s refusal of your permanent residence.

  • You have made an application to extend your stay or for indefinite leave to remain after your existing permission to stay had previously expired.

The notification letter will tell you whether or not you have a full right of appeal. Appeals will be made to the Asylum and Immigration Tribunal, a body that is independent of the UK Border Agency.