Appeal a decision by the immigration and asylum tribunal
How to appeal
You must be able to make a case for why the decision was legally wrong. For example, if the tribunal:
- did not apply the correct law or wrongly interpreted the law
- did not follow the correct procedures
- had no evidence or not enough evidence to support its decision
Ask for permission to appeal
You must ask the First-tier Tribunal (Immigration and Asylum Chamber) for permission to appeal to the Upper Tribunal.
You’ll be given the form to ask permission from the First-tier Tribunal (Immigration and Asylum Chamber) when you get your decision. Send it with a copy of the decision to the address on the form.
Deadlines for asking the First-tier Tribunal for permission to appeal
You must ask for permission to appeal within a certain period of time of getting your decision. When you must appeal by depends on whether you’re inside or outside the UK.
| When you must appeal by | |
|---|---|
| You’re inside the UK | 14 days after the date on the written reasons for the decisions |
| You’re outside the UK | 28 days after the date on the written reasons for the decisions |
Fees
There is no fee to appeal to the tribunal.
If you’re refused permission to appeal
You can apply to the Upper Tribunal for permission to appeal if the First-tier Tribunal refuses, or only gives your permission to appeal on limited grounds.
Download and fill in the Upper Tribunal permission request form and send it with the appropriate documents to the address on the form.
You must also say whether you want a hearing or not.
If your case was heard at either the Yarl’s Wood or the Harmondsworth hearing centre as a Detained Immigration Appeal, send your application to the Harmondsworth hearing centre.
Deadlines for asking the Upper Tribunal for permission to appeal
How long you have depends on where you are and how you received your refusal letter from the First-tier Tribunal.
| When you must appeal by | |
|---|---|
| You’re inside the UK | 14 days after the date on the decision |
| You’re outside the UK | 1 month after the date on the decision |
Documents you must send with your application
Include copies of the following documents with your form:
- the decision by the First-tier Tribunal
- the ‘notice of refusal of permission to appeal’ by the First-tier Tribunal or the ‘refusal to admit the application for permission’
- a statement clearly setting out your reasons for why you think the First-tier Tribunal made a mistake
- any other relevant documents that you sent to the First-tier Tribunal
You also need to include any written evidence that shows why you think the First-tier Tribunal made a legal mistake.
If your application is late, you must explain in writing why it is late. The tribunal will then decide if it can review your application.
Ask for a hearing
You can ask on your application for a decision to be made either:
- just on the information in your application
- at a hearing that you or your representative can go to
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 you’re in the UK.
If they do not hold a hearing, a judge will decide your case based on your application.
Withdrawing your appeal
Only you or your representative can withdraw your appeal. Contact the tribunal in writing if you want to withdraw your appeal - include your appeal number. The tribunal will decide whether to give you permission to withdraw, or if the hearing will go ahead.
If your hearing is less than 7 days away, contact the hearing centre where your appeal is scheduled.