Is there an Immigration decision ?

The issue of whether there is a right of appeal is one which is raising it's troublesome head again. In a brief decision promulgated Friday 6th September, the Upper Tribunal in Singh  ( no immigration decision - Jurisdiction) [2013] ukut 00440, re iterated that the reasons for refusal letter is not the notice of the immigration decision and does not of itself generate the right of appeal. A notice of immigration decision must comply with the provisions of the Immigration (Notices) Regulations 2003. It is the Immigration decision which generates the right of appeal by virtue of  section 82(1) of the Nationality, Immigration & Asylum Act 2002. The service of a notice of intention to remove is what is required to gain a right of appeal under the 2002 Act. As highlighted in Singh, the Court of Appeal decision of Anwar [2010] EWCA CIV 1275, stipulated that an in country right of appeal could lie against an immigration decision provided there was an immigration decision as provided for by statute.  The rejection of the claim is not in itself sufficient. dice