– Annex B Appeals Guidance

Appeals Guidance – Annex B
Template letters for decisions where appeal rights are changed by the Immigration Act 2014
From 20 October 2014 the appeal rights associated with certain decisions are changing. These changes are detailed in Annex A.
This annex exists to direct caseworkers to the appropriate new decision template for affected decisions.
Mapping of decision templates from old appeals system to new:
Current
Version
Summary of Purpose
New Version
Where found On
CID
Changes
ICD.4133
This is the general refusal letter
ICD.4133.IA
TBC Stock Letters-
The right of appeal is replaced by the right to
Immigration Act 2014
administrative review and new liability to
for Tier 4 applicants and is used
for refusals of leave to remain
removal wording has been inserted.
where the person has a right of
appeal.
1
Current
Version
Summary of Purpose
New Version
Where found On
CID
Changes
ICD.4134
This is the general refusal letter
ICD.4133.IA
TBC Stock Letters-
The right of appeal is replaced by the right to
Immigration Act 2014
administrative review and new liability to
for Tier 4 (Child Student)
applicants and is used for
removal wording has been inserted.
refusals of leave to remain
where the person has a right of
appeal.
ICD.3966
This is the general refusal letter
ICD.3966.IA
for dependants of Tier 4
TBC Stock Letters-
The right of appeal is replaced by the right to
Immigration Act 2014
administrative review and new liability to
applicants and is used for
removal wording has been inserted.
refusals of leave to remain
where the person has a right of
appeal.
ICD.3971A
This is used for curtailment of a
T4 main applicant’s leave to
remain so that there is leave
ICD.3971.IA
TBC Stock Letters-
No change to appeal rights. New liability to
Immigration Act 2014
removal wording has been inserted. New s120
notice.
remaining. There is no right of
appeal.
2
Current
Version
Summary of Purpose
New Version
Where found On
CID
Changes
ICD.3971B
This is used for curtailment of a
ICD.3971B IA
TBC Stock Letters-
Right of appeal removed. New liability to
Immigration Act 2014
removal wording inserted. New s120 notice.
TBC Stock Letters-
No change to appeal rights. New liability to
Immigration Act 2014
removal wording. New s120 notice.
TBC Stock Letters-
Right of appeal removed. New liability to
Immigration Act 2014
removal wording. New s120 notice.
T4 Main Applicant’s leave to
remain with immediate effect.
There is a right of appeal under
section 82(2)(e) of the NIA Act
2002.
ICD.3971C
This is used for curtailment of
ICD.3971C IA
the dependant of a T4 main
applicant’s leave to remain so
that there is leave remaining.
There is no right of appeal.
ICD.3971D
This is used for curtailment of
the dependant of a T4 main
ICD.3971D IA
applicant’s leave to remain with
immediate effect. There is a
right of appeal under section
82(2)(e) of the NIA Act 2002.
3
Current
Version
Summary of Purpose
New Version
Where found On
CID
Changes
ICD.2270
This is used to refuse an
ICD.2270.IA
TBC Stock Letters-
There is a right to administrative review where
Immigration Act 2014
the person has extant leave that has not been
application and there is extant
leave remaining at the date of
curtailed.
decision. There is no right of
appeal against this decision.
ICD.4203
This letter is used to curtail
ICD.4203.IA
leave granted under Tier 2 and
TBC Stock Letters-
Where a person made a Tier 4 application on or
Immigration Act 2014
after 20 October, if leave is curtailed with
Tier 5. There is a right of appeal
immediate effect there is no longer a right of
if the curtailment takes
appeal. There is no right to administrative
immediate effect. If there is
review. New s120 notice.
leave remaining after the
decision has been taken there is
no right of appeal.
ICD.3676TM
This letter is used for rejection of
ICD3676TM.IA
an invalid Tier 4 application.
TBC Stock Letters-
There is no right of administrative review. New
Immigration Act 2014
option to have liability to removal text inserted
where the applicant has no leave as well as
There is no right of appeal
s120 notice.
ICD.3679TM
This letter is used for rejection of
a Tier 4 application where the
ICD3679TM.IA
TBC Stock Letters-
There is no right of administrative review. New
Immigration Act 2014
option to have liability to removal text inserted
fee has not been paid. There is
where the applicant has no leave as well as
no right of appeal.
S120 notice.
4
Current
Version
Summary of Purpose
New Version
Where found On
CID
Changes
ICD.3783
This letter is used for rejection of
ICD.3783.IA
TBC Stock Letters-
There is no right of administrative review. New
Immigration Act 2014
option to have liability to removal text inserted
an invalid Tier 4 dependant
ICD.3969
application. There is no right of
where the applicant has no leave as well as
appeal.
s120 notice.
This letter is used when a T4
ICD.3969.IA
application is withdrawn. There
TBC Stock Letters-
There is no right of administrative review. New
Immigration Act 2014
option to have liability to removal text inserted
where the applicant has no leave as well as
is no right of appeal.
s120 notice.
ICD.4930
This letter is used to curtail the
ICD.4930.IA
leave to enter or remain of those
TBC Stock Letters-
There is no right of administrative review.
Immigration Act 2014
granted under the Immigration
Rules in force before the
introduction of PBS.
-
This letter is used to reject an
ARN.0001
application for administrative
review.
-
This is letter is used to
n/a
Immigration Act 2014
(New template)
ARN.0002
acknowledge withdrawal of an
application for administrative
TBC Stock Letters-
TBC Stock Letters-
n/a
Immigration Act 2014
New template
review.
5
Current
Version
Summary of Purpose
New Version
Where found On
CID
Changes
-
This letter is used to where the
ARN.0003
TBC Stock Letters-
n/a
original administrative review
decision is maintained for the
Immigration Act 2014
New template
reasons in the original refusal
letter.
-
This letter is used to provide
ARN.0004
notice of the outcome of an
administrative review where (i)
TBC Stock Letters-
n/a
Immigration Act 2014
New template
the original decision has been
re-made and leave is granted,
(ii) that some of the refusal
reasons are being withdrawn
and (iii) where new reasons are
being put forward to maintain
the refusal.
-
This is used to notify liability to
ARN.0005
removal where an application for
administrative review has not
TBC Stock LettersImmigration Act 2014
New template
been made.
6
Current
Version
Summary of Purpose
New Version
Where found On
CID
Changes
IS 151A
Notice of directions for removal
RED 1
After entry forms/IS
For persons who made a Tier 4 application on or
IS151A (part 2)
to an overstayer or an illegal
forms/RED forms and
after 20 October, this form is now a notice of
IS 151B
entrant.
TBC Stock
liability for removal. It includes optional text on
letters/Removal
curtailment for use where a person is found in
Notices/Red forms
breach of their conditions.
n/a
-
A new notice of liability for
RED 1 FAM
After entry forms/IS
removal for dependents of
New template
forms/RED forms and
persons served RED1.
TBC Stock
letters/Removal
Notices/Red forms
IS.75
This is a one stop warning under
RED 2 (Charged)
After entry forms/IS
Stand alone section 120 notice where we expect
section 120 of the NIA Act that
forms/RED forms and
a charged application to be made.
they should give their reasons
TBC Stock
for being allowed to enter,
letters/Removal
allowed to remain or not being
Notices/Red forms
removed from the UK.
IS.75
This is a one stop warning under
RED 2
After entry forms/IS
Stand alone section 120 notice where do not
section 120 of the NIA Act that
(Enforcement –
forms/RED forms and
require a charged application to be made.
they should give their reasons
non charged)
TBC Stock
for being allowed to enter,
letters/Removal
allowed to remain or not being
Notices/Red forms
removed from the UK.
7
Current
Version
Summary of Purpose
New Version
Where found On
CID
Changes
-
This new letter is a reminder of
RED 2
After entry forms/IS
n/a
the ongoing duty previously
(Reminder)
forms/RED forms and
served in a s120 notice.
New template
TBC Stock
letters/Removal
Notices/Red forms
IS.76
This is a statement of additional
RED 3 (s120
After entry forms/IS
This is a form for people to use when replying to
grounds and is a reply to the
(response)
forms/RED forms and
a non charged enforcement notice.
one stop warning in the
TBC Stock
IS.75/RED2
letters/Removal
Notices/Red forms
ACD.1047.dot
This letter is used to refuse an
-
-
deleted
-
-
deleted
asylum claim and grant leave to
remain on an alternative basis.
ACD.1048.dot
This letter is used to refuse an
asylum claim where there is
more than 12 months extant
leave following the decision.
8
Current
Version
Summary of Purpose
New Version
Where found On
CID
Changes
ACD.1050
This letter is used to refuse an
-
-
deleted
ASL.0015.ACD.IA
TBC Stock Letters-
Changed to reflect the right of appeal and single
Immigration Act 2014
decision liability to removal changes under the
asylum claim, curtail leave and
give notice of removal under
section 47 of the IAN Act 2006.
ASL.0015.ACD
This letter is used to notify the
decision on an asylum claim and
the grant of humanitarian
Immigration Act 2014
protection or discretionary leave
if appropriate. (ACD edition)
ASL.0015.dot
This letter is used to notify the
ASL.0015.IA
decision on an asylum claim and
TBC Stock Letters-
Changed to reflect the right of appeal and the
Immigration Act 2014
liability for removal under the Immigration Act
the grant of humanitarian
2014.
protection or discretionary leave
if appropriate application. (CCD
edition)
ASL.1000
This letter is used to refuse an
asylum claim where the person
has failed to attend a screening
ASL.1000.IA
TBC Stock Letters-
Changed to reflect the right of appeal and the
Immigration Act 2014
liability for removal under the Immigration Act
2014.
interview.
9
Current
Version
Summary of Purpose
New Version
Where found On
CID
Changes
ASL.1006
This letter is used to notify the
ASL.1006.IA
TBC Stock Letters-
Changed to reflect the right of appeal and the
Immigration Act 2014
liability for removal under the Immigration Act
dependant(s) of an asylum
claimant of the outcome of the
2014.
main applicant’s claim.
ASL.1046.dot
This letter is used to refuse
ASL.1046.IA
asylum and humanitarian
TBC Stock Letters-
Changed to reflect the right of appeal and the
Immigration Act 2014
liability for removal under the Immigration Act
protection.
ASL.1069.dot
This is a covering letter to the
2014.
ASL.1069.IA
applicant or their representative
TBC Stock Letters-
Changed to reflect the right of appeal and the
Immigration Act 2014
liability for removal under the Immigration Act
notifying the refusal of an
2014.
asylum claim.
ASL.1082.dot
This letter is used to refuse the
-
-
deleted
ASL.2168.IA
TBC Stock Letters-
Changed to reflect the right of appeal and the
Immigration Act 2014
liability for removal under the Immigration Act
dependant(s) of an asylum
claimant, curtail leave and give
notice of removal under section
47 of the NIA Act 2006.
ASL.2168
This is a covering letter used
when asylum is refused and
discretionary leave is granted.
2014.
10
Current
Version
Summary of Purpose
New Version
Where found On
CID
Changes
ASL.2677.dot
This letter is used to refuse
ASL.2677.IA
TBC Stock Letters-
Changed to reflect the right of appeal and the
Immigration Act 2014
liability for removal under the Immigration Act
leave to remain and to make a
decision to remove somebody
2014.
from the UK where the case has
been certified under section 94
of the NIA Act 2002.
ASL.2678.dot
This letter is used to curtail
ASL.2678.IA
leave and to make a decision to
TBC Stock Letters-
Changed to reflect the right of appeal and the
Immigration Act 2014
liability for removal under the Immigration Act
remove somebody from the UK
2014.
where the case has been
certified under section 94 of the
NIA Act 2002.
ASL.2679.dot
This letter is used to refuse to
vary leave to enter or remain
and to remove somebody or
ASL.2679.IA
TBC Stock Letters-
Changed to reflect the right of appeal and the
Immigration Act 2014
liability for removal under the Immigration Act
2014.
their dependant(s) from the UK
where the case has been
certified under section 94 of the
NIA Act 2002.
11
Current
Version
Summary of Purpose
New Version
Where found On
CID
Changes
ASL.3082.dot
This letter is used to refuse an
ASL.3082.IA
TBC Stock Letters-
Changed to reflect the right of appeal and the
Immigration Act 2014
liability for removal under the Immigration Act
asylum claim and to notify a
decision to remove an Illegal
2014.
Entrant or other Immigration
Offender, where the case has
been certified under section 94
of the NIA Act 2002.
ASL.3083.dot
This letter notifies a decision to
ASL.3083.IA
remove a family member of an
TBC Stock Letters-
Changed to reflect the right of appeal and the
Immigration Act 2014
liability for removal under the Immigration Act
Illegal Entrant or other
2014.
Immigration Offender, where the
main applicant has been refused
asylum and the case has been
certified under section 94 of the
NIA Act 2002.
ASL.4093
This letter is used to reject an
asylum claim where the
ASL.4093.IA
TBC Stock Letters-
Liability to removal wording added to reflect the
Immigration Act 2014
Immigration Act 2014.
applicant has not claimed in
person
12
Current
Version
Summary of Purpose
New Version
Where found On
CID
Changes
ICD.3050
Managed Migration general
ICD.3050.IA
TBC Stock Letters-
Updated to include appeal rights where the
Immigration Act 2014
applicant has made a human rights claim or
refusal letter.
application under paragraph 276ADE or
Appendix FM of the immigration rules.
ASL.1041
Notice of Appeal to the
ASL.1041.IA
Immigration and Asylum
(IAFT1)
Chamber of the First Tier
TBC Stock Letters-
New appeal form created by HMCTS to reflect
Immigration Act 2014
the Immigration Act 2014 where there is an in
(IAFT4)
country right of appeal.
Tribunal
ICD.2163
Notice of Appeal to the
ICD.2163.IA
Immigration and Asylum
(IAFT3)
Chamber of the First Tier
(IAFT6)
TBC Stock Letters-
New appeal form created by HMCTS to reflect
Immigration Act 2014
the Immigration Act 2014 where there is an out
of country right of appeal.
Tribunal, where the case has
been certified under section 94
of the NIA Act 2002
13