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If the Home Office refuses a human rights or protection claim, or revokes protection status, you usually have a right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber). The appeal is a full hearing in which a judge decides the case afresh on the evidence, so it is often a better route than reapplying.
Which decisions carry a right of appeal
- Refusal of a protection claim (asylum or humanitarian protection).
- Refusal of a human rights claim, including most partner, parent, private life and deportation cases.
- Revocation of protection status.
- Refusals under the EU Settlement Scheme and some other specific decisions.
Work, study and visit refusals do not carry a right of appeal; see administrative review and judicial review of refusals.
Time limits and fee
- 14 days from the date the decision was sent if you are in the UK; 28 days if you are outside the UK.
- The Tribunal fee is currently £82 for a decision on the papers or £144 for a hearing; it is waived for people on legal aid, asylum support or with a fee exemption.
A late appeal can be admitted with an explanation, but do not count on it.
How an appeal runs
- Notice of appeal lodged online with the grounds.
- Home Office review of the case and the appellant's skeleton argument and bundle, under the Tribunal's directions.
- Hearing, in person or by video, where you and your witnesses give evidence and the judge hears argument.
- Decision in writing, usually within a few weeks.
- Onward appeal to the Upper Tribunal on a point of law, with permission, within 14 days.
What makes appeals succeed
Evidence prepared to the legal test, witness statements that deal with the Home Office's reasons, expert and documentary evidence where it matters, and representation at the hearing by someone who knows the case.
What we do
We advise on whether to appeal, reapply or both, prepare the grounds, statements and bundle, and represent you at the hearing. Legal aid may be available for protection appeals and some others; we assess it at the first call.
Ask a question
Not sure where you stand? Ask a solicitor and we will reply by phone or email.
