• APL4.1 What are limited or residual rights of appeal
• APL4.2 Appeals on human rights grounds - action by Post
• APL4.3 Appeals on race discrimination grounds

See other guidance information Appeals (APL) - Appeal procedures Appeals (APL) - Appeal procedures for posts Appeals (APL) - Asylum grounds Appeals (APL) - Categories which have the full right of appeal Appeals (APL6) - Judicial review  

APL4.1 What are limited or residual rights of appeal

All refusal decisions are appealable but some refusal decisions only have appeal rights on limited or residual grounds. These are appeal rights on the grounds of race discrimination and human rights.

These grounds are residual because they derive from non-immigration legislation. Post is not required to tell a person with limited rights of appeal how to exercise that appeal.  The refusal form will simply state that they have a limited right of appeal.  However if an applicant asks for an appeal form to make a limited right of appeal, Post must give them the IAFT-2 form and re-serve the notice of decision (GV51(LRA)).  The appellant will have 28 days from the date of receipt of the GV51(LRA) to return the IAFT-2.

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APL4.2 Appeals on human rights grounds - action by Post

An applicant’s claim that you have breached their human rights is not an appeal until you receive an appeal form. On receipt of an appeal form:

• The ECO and ECM must review the decision;
• If the statement is made as a formal ground of appeal, it needs to be addressed in the explanatory statement;
• If the decision attracted FRA and the appeal bundle has already been forwarded to the IAFT, the statement should be treated as a further ground of appeal. Post need to forward the relevant papers to the IAFT with a supplementary explanatory statement.

If the right of appeal was only limited, you should respond with a brief letter of reply stating that you have accepted that they are appealing on HR or RRA grounds and enclose an IAFT-2 appeal form.  Posts must not re-issue the refusal notice.  If Posts need further advice about appeals on human rights grounds, they can contact ECO Support.

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APL4.3 Appeals on race discrimination grounds

Any appeals on grounds of race discrimination, whether the applicant has a limited or full right of appeal, should be dealt with in the same manner as those on human rights grounds (see APL4.2 above). However, please take note of the information below:

New sections (19B to 19F into part III ) of the Race Relations Act 1976 (c74 19B - 19F) makes it unlawful for a public authority to discriminate against a person or to victimise a person on the grounds of race, colour, nationality or ethnic or national origin in carrying out any of its functions.

Discrimination on the grounds of race or colour is not permitted except where the activity is justified for the purpose of safeguarding national security.  The Nationality, Immigration and Asylum Act 2002 provides that race relations complaints relating to any entry clearance refusals may be brought before the AIT in the same way as appeals lodged on human rights grounds. However, the complaint must be related to the immigration decision in order to trigger a right of appeal to the AIT. If a person complains solely about discriminatory treatment (not related to the immigration decision), they may make a complaint using the normal complaints procedures.

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