Appeal against a visa or immigration decision

Printable version

1. 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 바카라 사이트榓sylum claim바카라 사이트� or 바카라 사이트榟umanitarian protection바카라 사이트�)
  • 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 you바카라 사이트檙e a frontier worker
  • refuse or revoke your leave, or deport you if you바카라 사이트檙e 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 you바카라 사이트檙e applying for yourself or if you바카라 사이트檙e a legal professional appealing on behalf of a client.

If you바카라 사이트檙e appealing for yourself without a solicitor or immigration adviser

You can either:

Apply online if you can - online appeals are quicker than post or email appeals.

If you바카라 사이트檙e a solicitor or an immigration adviser

For most cases, you must appeal online using the MyHMCTS service. You바카라 사이트檒l 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.

Help you can get

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

You can also contact .聽聽

Read the guide on representing yourself if you바카라 사이트檙e not going to have a legal representative.

You may be able to get asylum support (such as housing and money) if you바카라 사이트檝e 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)
contactia@justice.gov.uk聽
Telephone: 0300 123 1711
Monday to Friday, 9am to 4pm
Find out about call charges

2. Appeal a decision online

You can only appeal to the tribunal if you have the legal right to appeal - you바카라 사이트檒l usually be told if you do in your decision letter.

Talk to a solicitor or an immigration adviser if you바카라 사이트檙e not sure.

Read the guide on representing yourself if you바카라 사이트檙e 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 long you have to appeal

The time you have to submit your appeal depends on where you바카라 사이트檙e applying from. If you submit your appeal after the time limit, you must explain why. The tribunal will then 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.

If you바카라 사이트檙e in the UK

You have 14 days from the date you received the decision letter to submit your appeal.

If you바카라 사이트檙e outside the UK

You have 28 days from the date you received the decision letter to submit your appeal.

If your decision letter says you must leave the UK before you can appeal, you have 28 days from the date you left the UK to submit your appeal.

Appeal online

If you바카라 사이트檙e a solicitor or an immigration adviser, you must appeal online using the MyHMCTS service. You바카라 사이트檒l need to create an account first if you do not have one.

If you바카라 사이트檙e appealing for yourself, use the online service to:

  • submit an appeal
  • add documents in support of your application
  • ask for a hearing
  • request extra support or adjustments at the hearing, for example an interpreter or wheelchair access
  • get a decision on your appeal

You바카라 사이트檒l need to create an account. You바카라 사이트檒l 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

.

If you cannot use this service

You can apply by post or email.

If you바카라 사이트檙e appealing a decision where you바카라 사이트檝e 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.

If you need help appealing online

Who you contact depends on the type of help you need.

If you바카라 사이트檙e having technical issues or have questions about your appeal聽

Contact the First-tier Tribunal (Immigration and Asylum Chamber). They cannot give you legal advice.

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

If you do not have access to the internet or do not feel confident using it

We Are Group
support@wearegroup.com
Telephone: 03300 160 051
Monday to Friday, 9am to 5pm
Closed on bank holidays
Text FORM to 60777 and someone will call you back
Find out about call charges

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聽聽
  • 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. You바카라 사이트檒l be told if this is the case and invited to attend.聽聽

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.

Fees

It costs:

  • 拢80 without a hearing聽聽
  • 拢140 with a hearing聽聽

You may not have to pay if you:

  • get asylum support
  • get legal aid聽聽聽
  • get services from your local council and you바카라 사이트檙e under 18

You can also get help with court fees if any of the following apply:

  • you have little or no savings
  • you바카라 사이트檙e on certain benefits
  • you have a low income

Read the tribunal fees guidance for more information.

Contact the tribunal if you바카라 사이트檙e unsure if you have to pay a fee.

First-tier Tribunal (Immigration and Asylum Chamber)
contactia@justice.gov.uk聽聽
Telephone: 0300 123 1711聽
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.

3. Appeal a decision by post or email

You can only appeal to the tribunal if you have the legal right to appeal - you바카라 사이트檒l 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 you바카라 사이트檙e unsure whether you can appeal.

Read the guide on representing yourself if you바카라 사이트檙e not going to have a legal representative.

How long you have to appeal

The time you have to submit your appeal depends on where you바카라 사이트檙e applying from. If you submit your appeal after the time limit, you must explain why. The tribunal will then 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 email appeals.

If you바카라 사이트檙e in the UK

You have 14 days from the date you received the decision letter to submit your appeal.

If you바카라 사이트檙e outside the UK

You have 28 days from the date you received the decision letter to submit your appeal.

If your decision letter says you must leave the UK before you can appeal, you have 28 days from the date you left the UK to submit your appeal.

How to appeal by post or email

Use form IAFT-1 to submit your appeal.

There are instructions for submitting your appeal on the form.

If you바카라 사이트檙e a solicitor or an immigration adviser, you must only appeal using a paper form if your client is in detention.

If you바카라 사이트檙e detained in an immigration removal centre or prison

Which form you use depends on where you바카라 사이트檙e detained.

If you바카라 사이트檙e detained at the Yarl바카라 사이트檚 Wood or the Harmondsworth Immigration Removal Centre, use form IAFT-5(DIA).

If you바카라 사이트檙e detained anywhere else in the UK, use form IAFT-5(GDA).

Your decision letter will explain which form to use.

What happens next

The tribunal will check your appeal and tell you what to do next. They may ask you to pay a fee or provide more information about your appeal.

Use form IAFT-2 if you바카라 사이트檝e been asked to provide more information.

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聽聽聽
  • at a hearing that your representatives can attend聽聽聽

The tribunal can decide to have a hearing even if you do not ask for one. You바카라 사이트檒l be told if this is the case.聽聽

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

Use form IAFT-3 to ask for support at the hearing, for example, an interpreter or wheelchair access.

You can also request extra time to complete a task or change something about your appeal, such as your hearing date or personal details. This is called making an application.

Fees

It costs:

  • 拢80 without a hearing
  • 拢140 with a hearing聽聽

You may not have to pay if you:

  • get asylum support
  • get legal aid聽聽聽
  • get services from your local council and you바카라 사이트檙e under 18

You can also get help with court fees if any of the following apply:

  • you have little or no savings
  • you바카라 사이트檙e on certain benefits
  • you have a low income

Read the tribunal fees guidance for more information.

Contact the tribunal if you바카라 사이트檙e unsure if you have to pay a fee.

First-tier Tribunal (Immigration and Asylum Chamber)
contactia@justice.gov.uk聽聽
Telephone: 0300 123 1711聽
Find out about call charges

How to pay

The tribunal will contact you after you send the IAFT-1 form to tell you how to pay.

4. Ask for an urgent appeal

You can ask for your appeal to be heard urgently (바카라 사이트榚xpedited바카라 사이트�) at any point during the appeal process.

It바카라 사이트檚 free to ask for an urgent appeal. You바카라 사이트檒l 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 바카라 사이트榚xpedite requests바카라 사이트� 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 you바카라 사이트檙e a solicitor or an immigration adviser

You can apply:

If you바카라 사이트檙e not in detention and appealed for yourself online

You바카라 사이트檒l need to where you made your appeal. Choose 바카라 사이트榓sk for something else바카라 사이트� on the account homepage. You can upload your reasons and evidence using the form.

If you바카라 사이트檙e 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.

contactia@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
contactia@justice.gov.uk

5. If there's a hearing

You바카라 사이트檒l 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 you바카라 사이트檒l 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.

What happens at the hearing

You may have to give evidence at the hearing and answer questions.

You may need to take part in a 바카라 사이트榩re-hearing바카라 사이트�, where the tribunal will check that you바카라 사이트檙e 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 바카라 사이트榩resenting officer바카라 사이트�, who will argue the case for the Home Office
  • any witnesses called to give evidence
  • an interpreter, if you바카라 사이트檝e asked for one

It can also normally be attended by:

  • your sponsor, if you have one
  • members of the public
  • the press or media

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聽聽
Telephone: 0300 123 1711聽聽
Monday to Friday, 9am to 4pm聽聽
Find out about call charges

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) it바카라 사이트檒l be rescheduled for another day.

Your hearing may also be adjourned as 바카라 사이트榩art heard바카라 사이트� 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.

6. Get a decision

You바카라 사이트檒l be given a decision in person or by post.

The tribunal will either decide to:

  • allow your appeal - this does not automatically mean you바카라 사이트檒l 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 Office바카라 사이트檚 original decision

You바카라 사이트檒l usually get a copy of the tribunal바카라 사이트檚 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 other바카라 사이트檚 costs if either of you has acted unreasonably.

If you win your appeal

The Home Office will change (바카라 사이트榬evise바카라 사이트�) 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 바카라 사이트榝ee award바카라 사이트� 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 there바카라 사이트檚 a legal mistake with the tribunal바카라 사이트檚 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

7. Legislation and previous decisions

Read the rules the tribunal must follow and the guidance it바카라 사이트檚 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:

The tribunal fees are set out in the .

The president of the tribunal has issued .

There are also older 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.