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Appeal Rights Explanation
afham made this Freedom of Information request to Supreme Court of the United Kingdom
The request was partially successful.
From: afham
1 July 2011
Dear Supreme Court of the United Kingdom,
We would be thankful if we could receive certain crucial
information about our immigration case which is still pending in
the upper tribunal from whom we have asked for a permission to
appeal to the court of appeal. The Upper Tribunal however has not
made a decision yet and it has been more than 11 weeks.
We are keeping direct contact with our case owner of UKBA as we are
asylum seekers. We have gone through the FAQ but we could not find
an answer for our queries and would be grateful if you could advise
us on whether we still have appeal rights in this country after the
refusal of Immigraiton & Asylum Upper Tribunal to appeal? As asylum
seekers, we do not have the means to pay a solicitor for a legal
advice. As confirmed by UKBA below, we cannot apply for an appeal
at neither high court, court of appeal or supreme court... We would
like to know if this is true as we are in the process of sending
the application to the ECHR.
AS clearly seen below, we are being threatened by UKBA and since i
am disabled it is very difficult to get these messages as we have
two children born in the UK. We seek a help and advice if possible.
Kind regards
MR ISMAIL
FROM UKBA
Dear Ismail
As has been previously explained, your appeal rights are exhausted.
You have no further recourse to any Appeal court in the UK in
relation to reversing the determination of Mr Ismail's asylum
claim.
I cannot provide you with legal advice about taking your case to
the ECHR.
You have no further leave to remain. You are required to make
arrangements to leave the United Kingdom as soon as possible.
Asylum Caseowner
Barnet & Enfield Local Immigration Team
www.ukba.homeoffice.gov.uk
Yours faithfully,
afham
From: Achow, Ann
Supreme Court of the United Kingdom
4 July 2011
Dear Mr Ismail,
Thank you for your enquiry of 1 July below.
Your request seeks advice on whether you have appeal rights after the
refusal of the Immigration and Asylum Upper Tribunal to grant you leave
to appeal.
I am unable to provide you with advice on your specific case as that is
not an issue which would be covered under your right to request and
receive recorded information under the Freedom of Information Act. I
suggest that you contact UKBA if you need more information about your
specific case. Information about the UKBA's appeal process can be found
on their website at
http://www.ukba.homeoffice.gov.uk/asylum...
ns/appeals/system/
The following information is provided to you under the Freedom of
Information Act. The jurisdiction of the Supreme Court can be found in
the Court's Practice Direction 1, which describes by which courts your
case must have already been heard before you can apply for permission to
appeal to the Supreme Court. Any right to appeal to a higher court would
be determined by whatever orders/determinations are made by the lower
courts eg the Tribunal and/or the Court of Appeal. More detailed
information about appeals can be found in 'A guide to bringing a case
to the Supreme Court' which you can access by clicking the link 'click
to download a full guide to appealing to the Supreme Court' at the
bottom of the page accessible at
http://www.supremecourt.gov.uk/about/rol... .
The Court's Practice Directions are available on on our website at
http://www.supremecourt.gov.uk/procedure....
As part of our obligations under the FOIA, we have an independent review
process. If you are dissatisfied with the way your request has been
handled you may write to request an internal review. The internal review
will be carried out by someone who did not make the original decision,
and they will re-assess how your request was handled.
If you wish to request an internal review, please write or send an email
to the Director of Corporate Services within two months of the date of
this reply, at the following address:
Director of Corporate Services
The Supreme Court of the United Kingdom
Parliament Square
London
SW1P 3BD
e mail: [email address]
If you remain dissatisfied after an internal review decision, you have
the right to apply to the Information Commissioner's Office under
Section 50 of the FOIA. You can contact the Information Commissioner's
Office at the following address:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Internet: https://www.ico.gov.uk/Global/contact_us...
Yours sincerely,
Ann Achow (Mrs)
Departmental Records Officer
The Supreme Court of the United Kingdom
Parliament Square
London
SW1P 3BD
Tel: 020 7960 1983
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