What an immigration appeal is
An immigration appeal asks an independent tribunal to decide whether the Home Office was right to refuse you. The appeal goes to the First-tier Tribunal (Immigration and Asylum Chamber). A judge, not the Home Office, hears both sides and decides. If the judge agrees with you, the Home Office must reconsider the decision and act on the judge’s findings.
Not every refusal can be appealed. The right of appeal is narrow, and the first job on any refusal is to establish whether you have one. The decision letter tells you. If it does not mention a right of appeal, you probably do not have one, and the remedies are administrative review or a fresh application.
Which decisions carry a right of appeal
Since the Immigration Act 2014 an appeal lies against only a few kinds of decision. The main ones are:
- Refusal of a protection claim. This is a refusal of asylum or humanitarian protection. The grounds are that removing you would breach the Refugee Convention or the European Convention on Human Rights.
- Refusal of a human rights claim. Most refusals of family and private life applications are treated as refusals of a human rights claim. That includes many refused partner, child, parent, adult dependent relative and long residence applications.
- Revocation of protection status.
- Deprivation of British citizenship.
- Decisions under the EU Settlement Scheme and the Withdrawal Agreement, and some decisions about frontier worker permits and S2 healthcare visitor visas.
Refusals of Skilled Worker, Student, Graduate, Global Talent, visitor and other points-based or discretionary applications generally carry no right of appeal. The remedy for those is administrative review, or a new application.
The deadlines
Appeal deadlines are short, and they run from the date you receive the decision, not the date you decide to act.
| Where you are | Time to appeal |
|---|---|
| Inside the UK when you receive the decision | 14 days |
| Outside the UK when you receive the decision | 28 days |
| You were required to leave the UK before appealing | 28 days from the date you left |
The Tribunal can accept an appeal that is late, but only if there is a good reason and you explain it. Do not plan on that. If you have a refusal letter, bring it to us the same day.
How we file your appeal
We prepare and file the Notice of Appeal with the First-tier Tribunal (Immigration and Asylum Chamber) on your behalf. In practice the work runs in this order:
- Read the refusal. We go through every reason and test it against the rules, the policy and the evidence that was sent.
- Confirm the right of appeal and the deadline. We calendar the last day and file well before it.
- Draft the grounds of appeal. The grounds say why the decision is wrong, for example that it breaches your right to private and family life, or that you would face persecution if returned.
- File the Notice of Appeal. We file it with the Tribunal, with the decision letter, the Home Office reference and the fee or a request for help with the fee.
- Choose how the appeal is decided. The Notice of Appeal asks whether you want a hearing or a decision on the papers. We advise on which suits your case. Where credibility is in issue, a hearing is almost always right.
- Prepare the evidence. We prepare your witness statement, gather the supporting documents and, where needed, expert or medical evidence.
The fee
At the time of review the Tribunal fee is £82 for a decision on the papers and £144 for a decision after a hearing. You do not pay if you receive asylum support from the Home Office or qualify for legal aid, and there is no fee for appeals against deprivation of citizenship or revocation of protection status. Others on a low income may qualify for help with the fee. Our own fees for preparing and filing the appeal are separate, and we set them out in writing before we start.
What happens after the Notice of Appeal
- The Tribunal sends directions that set the dates for evidence.
- The Home Office reviews its own decision in the light of the grounds and the evidence. It may withdraw the decision and grant what you asked for. This happens in a meaningful number of well-prepared appeals.
- You file an appeal bundle and, in most cases, a skeleton argument that sets out the law.
- The case is listed for a hearing. Waiting times vary and can be many months. See what to expect at your appeal hearing.
- You receive a written decision. If you win, the Home Office should implement it. If you lose, there may be a further step.
Can I stay in the UK while my appeal is pending
Where you apply in time from inside the UK, your existing permission usually continues until the appeal is finally decided, and the Home Office cannot normally remove you while an in-country appeal is pending. Some appeals can only be brought from outside the UK. Which applies to you depends on the type of decision, and the letter says. We confirm this at the start, because it governs whether you can safely stay.
If you lose
Either side can ask the First-tier Tribunal for permission to appeal to the Upper Tribunal, but only on a point of law: that the judge applied the wrong law, followed an unfair procedure, or had no evidence to support the decision. The request must be made within 14 days of the Tribunal’s written reasons if you are in the UK and 28 days if you are outside it. There is no fee for this step. If the First-tier Tribunal refuses permission, you can ask the Upper Tribunal itself. We explain whether there is a real error of law and, if there is, who is best placed to act at that stage.
Why take advice before you appeal
An appeal that is well argued can succeed on the same facts as a refusal. One that is poorly argued, or lodged late or on the wrong basis, can use up your only chance. We are authorised by the Immigration Advice Authority and we only take an appeal when we can see a proper basis for it.
