Home Office procedure following an appeal against a refusal of indefinite leave to remain
Published 25 September 2013
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FOI release 28748
The Immigration and Asylum Chamber of the First-tier Tribunal hears all appeals arising from adverse immigration decisions of the Home Office that carry a statutory right of appeal. Decisions of that tribunal are amenable to further challenge to the Upper Tribunal if the unsuccessful party elects to appeal and can demonstrate that the First-tier arguably made a legal error in making its decision. In either case, the general position after an appeal has been allowed is that the tribunal will send to all parties, including the Home Office, a written copy of its decision and the unsuccessful party will have 5 days (First-tier Tribunal) or 10 days (Upper Tribunal) in which to seek permission to appeal. The Home Office has a specialist Allowed Appeal Review Team which is dedicated to this purpose and which considers all allowed appeals within those timeframes.
In cases where the Home Office decides not to pursue a further appeal, it will generally fall to the relevant case working team that made the initial immigration decision to implement the applicable form and duration of leave to which the claimant is entitled. Once the Allowed Appeal Review Team has concluded that the tribunal’s decision will not be challenged, it will record that decision and ensure that all relevant papers and actions are notified to the unit responsible for implementation without delay.
In cases where the Home Office has decided not to contest an allowed appeal, claimants should expect to be contacted by the unit responsible for implementing their grant of status with details as to next steps, but if up to date information is required about the status and progress of the case, claimants can contact the Immigration Enquiry Bureau.