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. Talk to a solicitor or an immigration adviser if you’re not sure. Read the guide on representing yourself if you’re not going to have a legal representative. Your decision letter will usually tell you if you can apply for an administrative review and if you do not have the right to appeal. How to appeal How you appeal depends on whether you’re applying for yourself or if you’re a legal professional appealing on behalf of a client. If you’re a solicitor or an immigration adviser For most cases, you must appeal online using the MyHMCTS service . You’ll need to create an account first if you do not have one. You must only appeal using a paper form if your client is in detention. If you’re appealing for yourself without a solicitor or immigration adviser You have 14 days to appeal from the date the decision was sent. If you apply after the deadline, you must explain why - the tribunal will decide if it can still hear your appeal. You can appeal later if your administrative review was unsuccessful for an EU Settlement Scheme, frontier worker or S2 healthcare visitor application. Your administrative review decision will tell you how to appeal. Apply online if you can - online appeals are quicker than post or fax appeals. Appeal an immigration or asylum decision online If you’re appealing for yourself, use the online service to: submit an appeal add documents in support of your application ask for a hearing get a decision on your appeal You’ll need to create an account. You’ll also need: your Home Office reference number - you can find this on your decision letter any documents that will support your application an email address or mobile phone number Start now Sign in to the service if you’ve already started your appeal . If you cannot use this service You can: apply using a different online service apply by post, fax or email using form IAFT-5 - send it with copies of the documents that support your application If you’re appealing a decision where you’ve been detained in an immigration detention centre and your decision letter was sent by the Home Office, apply by post or fax with form IAFT-DIA . There’s a different way to appeal if you made your application before 6 April 2015 . Ask for an oral hearing You can ask during your appeal application for a decision to be made either: just on the information in your appeal application and any documents supplied to the tribunal at a hearing that you and your representative can attend The tribunal can decide to have a hearing even if you do not ask for one. You’ll be told if this is the case and invited to attend. If the tribunal does not hold a hearing, a judge will decide your case based on your appeal form and the documents . Hearings are carried out in public. You can ask for it to be held in private or to attend by video link, but you must have a reason, for example a public hearing would put you in danger. You can ask for a male or female judge if you think there are issues in your appeal that make it appropriate. The tribunal will decide if it can do this. Special requirements Contact the Customer Enquiry Unit before your hearing if you need any special help, for example you need wheelchair access. Customer Enquiry Unit Telephone: 0300 123 1711 Monday to Friday, 9am to 4pm Find out about call charges Fees It costs: £80 without a hearing £140 with a hearing You may not have to pay if you: get asylum support get legal aid get services from your local council and you’re under 18 You can also get help with court fees if any of the following apply: you have little or no savings you’re on certain benefits you have a low income Read the tribunal fees guidance for more information. Contact the tribunal if you’re unsure if you have to pay a fee. First-tier Tribunal (Immigration and Asylum Chamber) customer.service@justice.gov.uk Telephone: 0300 123 1711 Find out about call charges How to pay You can pay your fee with a credit or debit card when you make your appeal online or by including your details on your appeal form. If you’ve already made your appeal you can also pay your fee online .

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. Your decision letter will usually tell you if you can apply for an administrative review and if you do not have the right to appeal. Talk to a solicitor or an 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 How you appeal depends on whether you’re applying for yourself or if you’re a legal professional appealing on behalf of a client. If you’re a solicitor or an immigration adviser For most cases, you must appeal online using the MyHMCTS service . You’ll need to create an account first if you do not have one. You must only appeal using a paper form if your client is in detention. If you’re appealing for yourself without a solicitor or immigration adviser 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. You can appeal later if your administrative review was unsuccessful for a EU Settlement Scheme, frontier worker or S2 healthcare visitor application. Your administrative review decision will tell you how to appeal. Apply online if you can - online appeals are quicker than post or fax appeals. Appeal an immigration or asylum decision online If you’re appealing for yourself, use the online service to: submit an appeal add documents in support of your application ask for a hearing get a decision on your appeal You’ll need to create an account. You’ll also need: your Home Office reference number - you can find this on your decision letter any documents that will support your application an email address or mobile phone number Start now Sign in to the service if you’ve already started your appeal . If you cannot use this service You can either: apply using a different online service apply by post, fax or email To apply by post, fax or email, use one of the following forms. Send the relevant form with copies of the documents that support your application. Use form IAFT-5 to appeal a decision about any of the following: deporting you under the Immigration (European Economic Area) Regulations 2016 refusing your permit, revoking your permit or deporting you if you’re a frontier worker refusing your leave, revoking your leave or deporting you if you’re on an S2 Healthcare Visitor visa Use form IAFT-6 to appeal a decision about any of the following: refusing a human rights claim for entry clearance deporting you, refusing or revoking your status, or varying the length or condition of your stay under the EU Settlement Scheme refusing or revoking your family permit or travel permit under the EU Settlement Scheme Use form IAFT-7 to appeal a decision to refuse a human rights claim or protection claim, where you’ve been told you can only appeal after you’ve left the country. There’s a different way to appeal if you made your application before 6 April 2015 . Ask for an oral hearing You can ask on your appeal form for a decision to be made either: just on the information in your appeal form and any documents supplied to the tribunal at a hearing that your representatives can attend The tribunal can decide to have a hearing even if you do not ask for one. You’ll be told if this is the case. If the tribunal does not hold a hearing, a judge will decide your case based on your appeal form and documents . Hearings are carried out in public. You can ask for it to be held in private or to attend by video link, but you must have a reason, for example a public hearing would put you in danger. You can ask for a male or female judge if you think there are issues in your appeal that make it appropriate. The tribunal will decide if it can do this. Special requirements Contact the Customer Enquiry Unit before your hearing if any special help is needed, for example someone attending on your behalf needs wheelchair access. Customer Enquiry Unit Telephone: +44 (0)300 123 1711 Monday to Friday, 9am to 4pm Find out about call charges Fees It costs: £80 without a hearing £140 with a hearing You may not have to pay if you get legal aid . Read the tribunal fees guidance for more information. Contact the tribunal if you’re not sure if you have to pay a fee. First-tier Tribunal (Immigration and Asylum Chamber) customer.service@justice.gov.uk Telephone: +44 (0)300 123 1711 Find out about call charges How to pay You can pay your fee with a credit or debit card when you make your appeal online or by including your details on your appeal form. If you’ve already made your appeal you can also pay your fee online .

Ask for an urgent appeal

You can ask for your appeal to be heard urgently (‘expedited’) at any point during the appeal process. It’s free to ask for an urgent appeal. You’ll need to have paid your appeal application fee (if you need to pay one) before your request will be reviewed. How to ask for an urgent appeal You or your legal representative will need to: tell the tribunal the reason why your case should be heard urgently give evidence of compelling or compassionate grounds, for example letters from a doctor or hospital You should write ‘expedite requests’ at 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. If you’re a solicitor or an immigration adviser You can apply: through the MyHMCTS service - if you appealed online by post - if your client is in detention If you’re not in detention and appealed for yourself online You’ll need to sign in to the service where you made your appeal. Choose ‘ask for something else’ on the account homepage. You can upload your reasons and evidence using the form. If you’re in detention or you appealed for yourself by post Send your reasons for the urgent appeal and evidence to the tribunal by email or by post. customer.service@justice.gov.uk Expedite Requests - The First-tier Tribunal Office of the Duty Judge First-tier Tribunal (Immigration and Asylum Chamber) PO Box 11205 Southfield Road Loughborough LE11 9PS Check if your application has been received Contact the tribunal to check if your application has been received. Expedite Requests - The First-Tier Tribunal customer.service@justice.gov.uk

Applications made before 6 April 2015

You might be able to appeal against a decision made by the Home Office if you submitted your application before 6 April 2015 and it was refused. Tier 1, 2 or 5 migrants and family members You can make an appeal if you applied for leave to remain as a Tier 1, 2 or 5 migrant or family member before 2 March 2015 and your application was refused on or after 6 April 2015. You can only do this if your application being refused means you do not have permission (‘leave’) to enter or remain in the UK. Appeal online or by post or fax with: form IAFT-1 if you’re in the UK form IAFT-3 if you’ve left the UK Tier 4 migrants and family members You can make an appeal if you applied for permission to remain as a Tier 4 migrant or family member before 20 October 2014 and your application was refused on or after 6 April 2015. You can only do this if your application being refused means you do not have permission (‘leave’) to enter or remain in the UK. Appeal online or by post or fax with: form IAFT-1 if you’re in the UK form IAFT-3 if you’ve left the UK Other decisions You can appeal against certain other Home Office decisions if you applied before 6 April 2015 and your application was refused on or after the same date. You can only do this if the Home Office’s decision did not include refusing an asylum or human rights claim. Leave to enter You can appeal online if your application for leave to enter was refused. You can also appeal by post or fax with: form IAFT-1 if you’re in the UK form IAFT-3 if you’ve left the UK Vary your leave to enter or remain You can appeal online if your application to change (‘vary’) the length and conditions of your stay in the UK was refused. You can only do this if your application being refused means you do not have permission (‘leave’) to enter or remain in the UK. You can also appeal by post or fax with: form IAFT-1 if you’re in the UK form IAFT-3 if you’ve left the UK Entry clearance You can appeal online if your application for entry clearance was refused. You can also appeal by post or fax with form IAFT-2 . Certificate of entitlement You can appeal online if your application for a certificate of entitlement to prove you have a right of abode in the UK was refused. You can also appeal by post or fax with: form IAFT-1 if you’re in the UK form IAFT-3 if you’ve left the UK

You’ll get a letter or email with details of how to attend your hearing. You may be asked to attend in person at a tribunal building, or asked to attend remotely by a video link or by phone. If you’ll be attending remotely, the letter or email will tell you how to prepare for this. You can check the daily courts lists on the day of your hearing to find out if anything has changed. 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 may have to give evidence at the hearing and answer questions. You may need to take part in a ‘pre-hearing’, where the tribunal will check that you’re ready for a full hearing. The hearing will normally be attended by: a judge, sometimes with other tribunal members a clerk and other tribunal staff, to help run the hearing your representative, if you have one a Home Office ‘presenting officer’, who will argue the case for the Home Office any witnesses called to give evidence an interpreter, if you’ve asked for one It can also normally be attended by: your sponsor, if you have one members of the public the press or media If your appeal cannot be resolved at the hearing If your appeal is not held on its scheduled day for any reason (for example there is not a judge available) it’ll be rescheduled for another day. Your hearing may also be adjourned as ‘part heard’ if there is not enough time to finish it, or it cannot be resolved on the day. The tribunal will arrange another hearing with the same people present.

You’ll be given a decision in person or by post. The tribunal will either decide to: allow your appeal - this does not automatically mean you’ll be able to enter or stay in the country and may simply mean the Home Office has to reconsider its decision dismiss your appeal and uphold the Home Office’s original decision You’ll usually get a copy of the tribunal’s decision within 4 weeks of the hearing. Both you and the Home Office can appeal the decision of the tribunal. The tribunal can order either you or the Home Office to pay the other’s costs if either of you has acted unreasonably. If you win your appeal The Home Office will change (‘revise’) its decision if you win your appeal. The Home Office may reconsider your entire application if your circumstances have changed since you first made your appeal. The judge may order the Home Office to pay you a ‘fee award’ if you win your appeal, up to the amount you paid for your tribunal fee. Email the Home Office if you do not get your fee award after 60 days. Home Office appeals fees enquiries appealsfeesenquiries@homeoffice.gov.uk Include the following information: your Home Office reference number your appeal reference number the date of the tribunal decision letter If you lose your appeal You can ask for permission to appeal to the Upper Tribunal (Immigration and Asylum Chamber) if you lose your case and you think there’s a legal mistake with the tribunal’s decision. For example, you think the tribunal: got the law wrong do not apply the correct law do not follow the correct procedures, which affected the decision had no evidence to support its decision

Legislation and previous decisions

Read the rules the tribunal must follow and the guidance it’s issued. All parties must follow the rules and process in the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 . The tribunal will make a decision based on legislation, including the: Immigration Act 1971 Nationality, Immigration and Asylum Act 2002 Immigration, Asylum and Nationality Act 2006 Tribunals, Courts and Enforcement Act 2007 UK Borders Act 2007 Borders, Citizenship and Immigration Act 2009 Immigration Rules Immigration (European Economic Area) Regulations 2016 Immigration (Citizen’s Rights Appeal) (EU Exit) Regulations 2020 The tribunal fees are set out in the First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011 . The president of the tribunal has issued guidance which provides more detail on certain issues . There are also older guidance notes for the Asylum and Immigration Tribunal which still apply to the First-tier Tribunal (Immigration and Asylum Chamber). Check the decisions database to see how previous decisions on appeals have been made by the Immigration and Asylum Chamber.

Appeal against a visa or immigration decision

Overview

You can appeal to the First-tier Tribunal (Immigration and Asylum Chamber) if the Home Office has decided to:

refuse your protection claim (also known as ‘asylum claim’ or ‘humanitarian protection’)
revoke your protection status
refuse your human rights claim
refuse you a residence document or deport you under the Immigration (European Economic Area) Regulations 2016
revoke your British citizenship
refuse or revoke your status, vary the length or condition of your stay, or deport you under the EU Settlement Scheme
refuse or revoke your travel permit or family permit under the EU Settlement Scheme or restrict your rights to enter or leave the UK under those permits
refuse or revoke your permit, or deport you if you’re a frontier worker
refuse or revoke your leave, or deport you if you’re an S2 healthcare visitor

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

If you do not have the right to appeal, you might be able to ask the Home Office for an administrative review.

If your frontier worker permit or S2 healthcare visitor visa application is unsuccessful, you can apply again for free if you have new evidence to submit.

How to appeal

How you appeal depends on whether you’re applying for yourself or if you’re a legal professional appealing on behalf of a client.

If you’re a solicitor or an immigration adviser

For most cases, you must appeal online using the MyHMCTS service. You’ll need to create an account first if you do not have one.

You must only appeal using a paper form if your client is in detention.

If you’re appealing for yourself without a solicitor or immigration adviser

Find out how to appeal from:

There’s a different way to appeal if you made your application before 6 April 2015.

Help you can get

You can get help and advice from a solicitor or an immigration adviser.

You can also contact Citizens Advice.

Read the guide on representing yourself if you’re not going to have a legal representative.

You may be able to get asylum support (such as housing and money) if you’ve been refused asylum.

Contact the tribunal if you have any questions about your appeal. The tribunal cannot give you legal advice.

First-tier Tribunal (Immigration and Asylum Chamber) customer.service@justice.gov.uk
Telephone: 0300 123 1711
Monday to Friday, 9am to 4pm
Find out about call charges

View a printable version of the whole guide

Appeal against a visa or immigration decision

Overview

How to appeal

If you’re a solicitor or an immigration adviser

If you’re appealing for yourself without a solicitor or immigration adviser

Help you can get

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Appeal against a visa or immigration decision

Overview

How to appeal

If you’re a solicitor or an immigration adviser

If you’re appealing for yourself without a solicitor or immigration adviser

Help you can get

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