Apply to the tribunal

Download and fill in a ‘ notice of appeal ’ form. You must include: why you’re appealing (your ‘grounds of appeal’) a copy of the decision you’re appealing against any documents that help support your appeal why your appeal is late (if it is) whether you’d like a ‘paper’ or ‘oral’ hearing Paper hearings are based on documents only. If a judge decides that an oral hearing is required, it may be held by phone, video link or in person. If a judge decides you have to go to an oral hearing in person, you’ll need to travel to London. The Home Office will pay for you to get there (usually by train). You’ll get free accommodation the night before if you have far to travel. Send the form Post, email or fax the notice of appeal form to HM Courts and Tribunals Service. The contact details are on the form. Call the helpline if you have any questions about completing the form. The helpline cannot give you legal advice. First-tier Tribunal (Asylum Support) Telephone: 0800 681 6509 Monday to Friday, 9am to 5pm Find out about call charges

After you send your appeal

You’ll normally find out within a week of sending the form: whether the tribunal will consider your case whether the tribunal needs more information, for example if your appeal was late You’ll then be told when your hearing will take place, and whether it’s paper or oral. If you have an oral hearing, you’ll be told a few days before the hearing what documents to bring with you - or to send by post in advance. The letter will also tell you if the tribunal wants to call up any witnesses - you must contact them and make sure they appear at the hearing. You’ll usually get the decision at the hearing. If you need to send more information If the tribunal asks you to send more information before the hearing, you may need to discuss this with a casework team. Contact the Section 95 casework team if you’re an asylum seeker. Section 95 Casework Team asylumsupports95appeals@homeoffice.gov.uk Fax: 0870 336 9624 Section 95 Team 1st Floor, Waterside Court Kirkstall Road Leeds LS4 2QB Contact the Section 4 casework team if you’ve been refused asylum. Section 4 Casework Team section4nationalteamappeals@homeoffice.gov.uk Fax: 0870 336 9485 Section 4 National Team 1st Floor, Waterside Court Kirkstall Road Leeds LS4 2QB

What happens at the hearing

What happens at the hearing depends on whether you have a paper or oral hearing. Paper hearing You will not go to a paper hearing. A judge will make a decision based on: your notice of appeal form your documents documents provided by the Home Office Oral hearing Oral hearings may be held in person or via phone or video link. If you or your witness or representative is outside the UK and wants to give live video or audio evidence, contact the tribunal to request it. Tell the tribunal what country you, the witness or representative is in and what type of evidence is being given. You must do this as soon as possible. You’ll present your case to the judge - someone else can do this for you, for example a lawyer , friend or family member. The Home Office will present the case against you. The tribunal will provide you with an interpreter if you’ve asked for one. They can translate what happens during the tribunal but they cannot represent you or give you legal advice. You may be asked questions by: your legal representative (if you have one) the Home Office’s representative the judge The hearing is public. Family and friends can attend. If the hearing is in person, they’ll have to pay their own travel costs unless they are witnesses. Children can only attend if you cannot make childcare arrangements. They can either: wait in the waiting room with your family or friends be with you during the hearing

You’ll get the decision either: at the oral hearing (if you have one) - you’ll also get full written reasons within 3 days by post the day after the paper hearing The judge will either: allow the appeal - this means you’ll either get asylum support, or carry on getting it turn down (‘dismiss’) your appeal ask the Home Office to look at the decision again (known as ‘remitting’ the appeal) The judge’s decision is final - you cannot appeal again. You may be able to get a judicial review of the decision if your appeal was turned down and you think the judge did not follow the law correctly. Talk to a solicitor as soon as possible. You cannot complain about the decision - you can only complain about the tribunal staff and the way the hearing took place .

Legislation and previous decisions

Read the rules the tribunal must follow and its decisions on previous cases. Previous decisions Search the decisions database to see how and why previous decisions have been made. Legislation The tribunal will make a decision based on: Immigration and Asylum Act 1999 Nationality, Immigration and Asylum Act 2002 The tribunal must follow the rules and process in the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 and Amendments to the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 . Failed asylum seekers The tribunal will make a decision based on: section 4, Immigration and Asylum Act 1999 Immigration and Asylum Regulations 2005 If asylum support was stopped while the application was being considered The tribunal will make a decision based on: section 95, Immigration and Asylum 1999 Asylum Support Regulations 2000

Appeal an asylum support decision

Overview

You can appeal to the First-tier Tribunal (Asylum Support) if:

you’ve applied for asylum support and been turned down
you were claiming asylum support and it’s been stopped

The tribunal must receive your appeal within 3 days of you getting the letter about the decision - you may be able to carry on claiming asylum support (if you were already getting it) while you appeal.

The tribunal is independent of government. A judge will listen to both sides of the argument before making a decision.

Help you can get

You may want to get help and advice before you appeal.

Contact the Asylum Support Appeals Project for free advice and legal representation if you have an appeal at the First-tier Tribunal (Asylum Support).

You can contact British Red Cross, Refugee Action and Refugee Council for advice and support - they may be able to find another organisation near to you.

You can also get other legal advice, including from a lawyer.

View a printable version of the whole guide

Appeal an asylum support decision

Overview

Help you can get

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