1. Overview
- You might be able to appeal to the First-tier Tribunal (Immigration and Asylum Chamber) if the Home Office has:
- refused your protection claim (also known as ‘asylum claim’ or ‘humanitarian protection’)
- refused your human rights claim
- made a decision under the European Economic Area (EEA) Regulations, eg the Home Office has decided to deport you or refused to issue you a residence document
- decided to revoke your protection status
- decided to take away your British citizenship
You might also be able to appeal to the First-tier Tribunal (Immigration and Asylum Chamber) about a Home Office decision on an application submittedbefore 6 April 2015.
The tribunal is independent of government. A judge will listen to both sides of the argument before making a decision.
You might be able to ask the Home Office for an administrative review if you don’t have the right to appeal.
2. Appeal from within the UK
You can only appeal to the tribunal if you have the legal right to appeal - you’ll usually be told if you do in your decision letter.
Your decision letter will tell you if you can apply for an administrative review if you don’t have the right to appeal.
How to appeal
You have 14 days to appeal after the date of your decision.
If you apply after the deadline, you must explain why - the tribunal will decide if it can still hear your appeal.
3. Appeal from outside the UK
You can only appeal to the tribunal if you have the legal right to appeal - you’ll usually be told if you do in your decision letter.
If you’ve been refused a tier 1, 2, 4 or 5 visa you may be able to ask for the decision to be reviewed at an administrative review - your refusal letter will tell you if you can.
Talk to a solicitor or a immigration adviser if you’re unsure whether you can appeal.
Read the guide on representing yourself if you’re not going to have a legal representative.
How to appeal
You have 28 days to appeal after you get your decision. If you have to leave the country before you’re allowed to appeal, you have 28 days to appeal once you’ve left the country.
If you apply after the deadline, you must explain why - the tribunal will decide if it can still hear your appeal.
Urgent appeal applications
You need to write to the tribunal with:
· the reason why your case should be heard urgently
· evidence of compelling or compassionate grounds, eg letters from a doctor or hospital
You should write ‘expedite requests’ on the top of any documents you send with your application.
A judge will review your evidence and decide whether your application should be heard sooner than usual.
