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A right of appeal arises by operation of law. Particular decisions carry a right of appeal for example e.g. under the relevant provisions regime for new style appeals, a refusal of a human rights claim will carry the right of appeal; under the saved provisions regime for old style appeals, the making of an immigration decision was appealable so long as none of the relevant limitations applies.

The Immigration (notices) Regulations 2003
Require that the decision maker issues a notice of decision with an accompanying statement declaring whether that decision is appealable or not. Where there is an in country right of appeal, the notice must be accompanies by a notice of appeal. A notice of decision which does not conform to the notices Regulations may be invalid. Regardless of the validity of the notice though, if the Home Office has in fact made an appellable immigration decision under the terms of section 82, an Immigration judge will have jurisdiction to deal with the appeal (subject to the exceptions and limitations in the Act).

If the Home Office have failed to acknowledge this, then they have issued a decision which is incompatible with the Notice regulations 2003 and will have to re-issue it carrying appropriate notice of appeal rights, unless the migrant is willing to waive this failure as where they simply want to get an appeal lodged as soon as possible.

Source: Mastering Immigration Law