Overview
An appeal puts your case before an independent judge of the First-tier Tribunal (Immigration and Asylum Chamber), who listens to both sides and decides whether the Home Office got it wrong. It is the remedy with the most power to change a refusal, and the one with the least forgiveness for delay. If you have a refusal letter, the time to act is now.
Refusal letter in hand? Call 0330 174 4233 today.
What Can Be Appealed
You can appeal to the First-tier Tribunal where the Home Office has:
- refused your protection (asylum or humanitarian protection) claim
- revoked your protection status
- refused your human rights claim, which is how most family route refusals, including spouse visa and settlement refusals, reach the tribunal
- refused or revoked status, varied leave or ordered deportation under the EU Settlement Scheme
- decided to deprive you of British citizenship
- made certain decisions under the frontier worker and S2 healthcare routes
If your decision carries no right of appeal, administrative review or judicial review may be the available remedy. Your decision letter states which applies, and reading it correctly is the first thing we do.
Deadlines
Appeal deadlines are short and strictly enforced, and they differ depending on whether you are in or outside the UK and whether you are detained. Your decision letter states your deadline. Late appeals need the tribunal's permission and a good reason. Treat the letter as urgent from the day it arrives.
How An Appeal Works
1. Notice of appeal. Lodged online; solicitors lodge through the MyHMCTS professional service. Grounds are drafted against the refusal reasons, the law and the evidence.
2. Case preparation. The Home Office serves its bundle; we build yours: witness statements, expert evidence where needed, country evidence in protection cases, and updated relationship and financial evidence in family cases. New evidence can often be considered in human rights appeals.
3. Hearing. Before an immigration judge, in person or by video. You and your witnesses give evidence; both sides make submissions. We prepare every client for what the hearing actually involves.
4. Decision. The judge's written decision follows the hearing. If the appeal is allowed, the Home Office normally implements the decision. If dismissed, onward appeal to the Upper Tribunal lies on error of law, with permission.
Urgent procedures exist for cases that cannot wait, including expedition requests.
Why Appeals Succeed
Appeals succeed when the tribunal sees what the caseworker did not: evidence that answers the refusal reasons, credible witnesses, and legal argument connecting the facts to the rules and Article 8 case law. They fail when the appellant simply hopes the judge will take a kinder view of the same file. The work is in the preparation, and it begins the week the appeal is lodged, not the week before the hearing.
Fees And Funding
A tribunal fee applies to most appeals. Our fees are set out on the fees page.
FAQs
How long does an appeal take?
Listing times vary considerably by hearing centre and case type. We give you a realistic current estimate at the outset and press for expedition where grounds exist.
Can I stay in the UK while my appeal runs?
In-country appellants generally have their position protected while an in-time appeal is pending, but the detail depends on your status and case type. We confirm your position from your papers at the first meeting.
Can I submit new evidence?
Often yes, particularly in human rights appeals. What matters is serving it properly and on time.
What if I have already missed the deadline?
Apply for an extension with reasons. Judges can extend time, but goodwill decays fast. Call us the day you realise.