Our immigration appeal solicitors can provide you with guidance on the advantages of appealing to the First-tier Tribunal (Immigration and Asylum) if your UK visa or immigration application has been denied. They can also prepare your immigration appeal and represent you at the immigration appeal hearing.

This examines the following: the eligibility of individuals to appeal to the First-tier Tribunal (Immigration and Asylum), the conditions under which a human rights or protection claim is appealable, the limitations on the right of appeal, the time limits for appealing to the First-tier Immigration Tribunal, the grounds of appeal in immigration cases, the process for appealing to the First-tier Tribunal, the processing times for immigration appeals, and a selection of frequently asked questions regarding appeals to the First-tier Tribunal. 

First-tier Tribunal (Immigration and Asylum): What is it?

The First-tier Tribunal (Immigration and Asylum), also referred to as the First-tier Immigration Tribunal, is the initial court that assesses appeals against the Home Office's decisions concerning entry clearance to the United Kingdom, permission to remain in the country, and deportation from the country. Independent of the Home Office, the Immigration Tribunal has the authority to reverse Home Office refusal decisions.

Right of Appeal to the First-tier Tribunal Against a UK Visa or Immigration Decision

Not all immigration decisions made by the Home Office are subject to appeal. In general, you will have the opportunity to appeal to the First-tier Tribunal (Immigration and Asylum) if the Home Office has made a decision.:

• Reject your protection claim or human rights claim (also referred to as a "asylum claim" or "humanitarian protection") or revoke your protection status.
• Deny you a residence document or deport you in accordance with the Immigration (European Economic Area) Regulations 2016 (where saving provisions are applicable).
• Your British citizenship should be revoked.
• Vary the duration or conditions of your stay, refuse or revoke your status, or deport you in accordance with the EU Settlement Scheme.
• Deny or revoke your family permit or travel permit in accordance with the EU Settlement procedure. Scheme or restrict your ability to enter or exit the United Kingdom under those permits.
• You may be deported if you are a frontier worker, or your permit may be denied or revoked.
• Deport you if you are an S2 healthcare visitor, or refuse or revoke your leave.

You will not have the right to appeal if the Home Office has certified your asylum or human rights claim as "clearly unfounded." Nevertheless, you may be able to contest the certification of your claim through a Judicial Review.

If the decision you desire to challenge is not an appealable immigration decision, you may still be able to request an Administrative Review from the Home Office. If rejected, only specific categories of applications are eligible for administrative review.

It is occasionally feasible to appeal, despite the Home Office's assertion that you lack the legal right to do so. However, you will be required to dispute jurisdiction before the Tribunal. A returning resident visa may serve as an illustration in cases where there are robust familial connections.

Our immigration appeal solicitors in London can provide guidance if you are uncertain whether your refusal decision includes a right of appeal to the First-tier Tribunal (Immigration and Asylum).

What Is an Appealable Human Rights Claim?

We examine the circumstances under which an individual may appeal to the First-tier Tribunal (Immigration and Asylum) in connection with a human rights claim in this section.

Specific immigration applications that are submitted from within the United Kingdom under the Immigration Rules are considered human rights applications and are eligible for an appeal against refusal.

Generally, the following in-country applications under the Immigration Rules are eligible for an appeal against a refusal decision:

• Long Residence applications;
• Appendix FM family member applications (this would include decisions to refuse to extend a spouse visa, civil partner visa or unmarried partner visa); 
• Part 8 family member applications;
• Private Life applications;
• Partner or child of a member of HM Forces applications.

Certain applications for leave to remain outside the Immigration Rules may also be considered a human rights claim, with the ability to appeal a refusal decision.

In this context, a human rights claim is defined as any assertion made by an individual that the removal of the individual from the United Kingdom, the requirement of the individual to leave the United Kingdom, or the refusal of the individual to enter the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998.

Applications Submitted Outside the UK

The following out-of-country applications under the Immigration Rules generally attract a right of appeal against refusal:

• Appendix FM family member applications (this includes decisions to refuse a spouse visa, civil partner visa, unmarried partner visa, fiance visa and adult dependent relative visa); 
• Part 8 family member applications;
• Partner or child of a member of HM Forces applications;

A valid application for entry authorization on a route under the Immigration Rules would require a human rights claim that is not in accordance with the Immigration Rules to be submitted outside the UK.

For instance, a human rights claim that leave as a visitor should be granted outside the rules could be included in a visit visa application submitted overseas. In the event that the Home Office determines that a human rights claim has been made, any refusal decision will typically be subject to an appeal.

What is an Appealable Protection Claim?

In this section, we examine the circumstances under which an individual may appeal to the First-tier Tribunal (Immigration and Asylum) in connection with a protection claim.

Asylum claims and claims from individuals who may not be subject to the Refugee Convention but believe they are eligible for humanitarian protection because they are at risk of severe harm if they are removed from the UK, as defined in the Immigration Rules, are examples of protection claims.

In general, the following protection claims are eligible for an appeal against a refusal decision:

• A claim that the UK's obligations under the Refugee Convention would be violated if the individual were removed from the country.
• Removal from the United Kingdom is alleged to violate the United Kingdom's obligations with respect to individuals who are eligible for humanitarian protection.

Limitations on Rights of Appeal to the First-tier Immigration Tribunal

There is no right of appeal to the First-tier Tribunal (Immigration and Asylum) if the Home Office certifies a human rights or protection claim as "clearly unfounded."

In the event that additional submissions are rejected as not constituting a new claim under paragraph 353 of the Immigration Rules, there is no human rights or protection claim to certify, and as a result, there is no right of appeal.

Judicial review is a viable method for contesting a certificate. The merits of a challenge will be contingent upon the evidence submitted with the original application and the rationale behind any refusal. It may be beneficial to consult with an immigration appeal counsel for guidance on this matter. 

Other Appealable Immigration Decisions

As previously mentioned, the First-tier Immigration Tribunal may hear appeals of other Home Office immigration decisions, such as those made under the Immigration (European Economic Area) Regulations 2016 and EU Settlement Scheme, as well as decisions to revoke British citizenship.

Contact our immigration appeal solicitors in London to inquire about the feasibility of appealing to the First-tier Tribunal (Immigration and Asylum Chamber) in response to an immigration refusal decision.

Time Limits to Appeal to the First-tier Immigration Tribunal

If you are located in the United Kingdom and possess an in-country right of appeal, you will have a period of 14 calendar days from the date of the decision notice to file an appeal.

You will have 28 calendar days from the date of receipt of the decision to file an appeal if you are located outside of the United Kingdom.

In certain instances, the appeal period for a decision concerning the EU Settlement Scheme may commence from the date of the administrative review decision.

The First-tier Tribunal (Immigration and Asylum) calculates the time limit for lodging an immigration appeal in calendar days, not business days. It is crucial to bear this in mind. In the event that the final day for appealing is not a working day, an appeal is considered timely if it is submitted on the following operational day. A working day is defined as any day that is not a Saturday or Sunday, Christmas Day, Good Friday, or a public holiday, or the 27th to 31st of December, inclusive.

An appeal may be filed after the deadline if the Immigration Tribunal consents to extend the appeal period. Your notice of appeal must include an application for an extension of time and an explanation for the delay in providing the notice.

Grounds of Appeal to the Immigration Tribunal

Immigration law specifies the circumstances for submitting an appeal to the First-tier Tribunal (Immigration and Asylum).

An appeal against the denial of a human rights claim may only be initiated on the basis that the decision is unlawful under section 6 of the Human Rights Act 1998.

An appeal against the denial of a protection claim must be initiated on one or more of the following grounds:

• The UK's obligations under the Refugee Convention would be violated if the appellant were to be removed from the country.
• The UK's obligations regarding individuals who are eligible for humanitarian protection would be violated if the appellant were to be removed from the country.
• The removal of the appellant from the United Kingdom would be illegal under section 6 of the Human Rights Act 1998, which prohibits public authorities from acting in a manner that is inconsistent with the Human Rights Convention.

An appeal of the revocation of refugee status or humanitarian protection may only be made on the basis that the UK's obligations under the Refugee Convention or its obligations in relation to individuals eligible for a grant of humanitarian protection would be violated.

Under the Immigration (European Economic Area) Regulations 2016, an appeal against a decision to refuse a residence document or deport may only be initiated on the basis that the decision violates the appellant's rights under the EU Treaties in relation to entry to or residence in the United Kingdom.

The grounds for bringing an appeal against decisions under the Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020, including decisions on applications made under the EU Settlement Scheme, are that the decision is in violation of any right that the individual has under the EU withdrawal agreement, the EEA EFTA separation agreement, or the Swiss citizens' right agreement, or that it is not in accordance with the provisions of the Immigration Rules, Immigration Act, or Regulations (as appropriate) under which it was made.

How to Appeal Against a UK Visa or Immigration Decision

Utilising the MyHMCTS service, we initiate the majority of immigration appeals online. If, however, you have been denied pre-settled status or settled status under the EU Settlement Scheme, or if you are currently in detention, we will submit an appeal using a paper form.

A decision will typically be requested at an immigration appeal hearing that you and your immigration solicitor are able to attend when we submit your immigration appeal. It is also feasible to request that the tribunal's decision be rendered exclusively on the basis of the information contained in your appeal form and the documents we submit to the tribunal.

As your immigration appeal solicitors, we will diligently construct your case after your appeal has been submitted. This includes the creation of a "appeal skeleton argument" (ASA), which is a summary of your case, a schedule of issues, and the reasons why we disagree with the decision. Additionally, we will upload supporting witness statements and documentary evidence.

The ASA and our bundle of supporting documents will be forwarded to the Home Office by the Immigration Tribunal. The Home Office will subsequently conduct a review. The review is a critical method for concentrating on the issues and, in many cases, achieving a consensus on the course of action, which may involve withdrawing in order to secure a grant.

A well-crafted immigration appeal can result in a meaningful review and potentially prevent the matter from advancing to an appeal hearing before an Immigration Judge. Consequently, it is of the utmost importance that the Home Office is furnished with all pertinent information and that the appeal arguments are presented in a plain and concise manner.

The Immigration Tribunal will actively manage your case if your appeal proceeds to a hearing. The conduct of pre-hearing reviews, the listing of case management review proceedings, or the provision of direction to the parties are all potential outcomes of active case management.

You will be notified of the date and location of your appeal hearing before an Immigration Judge of the First-tier Tribunal (Immigration and Asylum Chamber) once all parties are prepared. You may be requested to attend the tribunal building in person or remotely via video link or phone. In any case, your immigration solicitor will be present at the hearing to provide legal arguments to the Immigration Judge in support of your appeal. They will also ask pertinent questions of any witnesses. 

First-tier Tribunal Immigration Appeal Processing Times

How long does it take to get a hearing date for a First-tier Immigration Tribunal hearing?

The duration of time required to obtain a hearing date for a First-tier Immigration Tribunal hearing is contingent upon the specific individual case. It may require several months for an immigration appeal to be scheduled for a hearing.

How long does it take for an Immigration Judge to make a decision?

Upon the conclusion of the immigration appeal hearing, the Immigration Judge will render a decision that will inform you of the permissibility of your appeal. On the day of the appeal hearing, it is uncommon to receive a decision. Nevertheless, the majority of decisions of the First-tier Immigration Tribunal are issued within a period of approximately three to four weeks.

Urgent Immigration Appeals

It is feasible to request an expedited hearing date if you believe that your immigration appeal requires immediate attention. Documentary evidence will be required to substantiate compelling or compassionate reasons for your case to be heard urgently. The evidence will be evaluated by a judge, who will determine whether your appeal should be heard earlier than usual.

Immigration Appeal Fees

If an immigration appeal charge is required, the fee for a paper appeal is £80, while the fee for an oral hearing is £140.

In the event that an appeal pertains to a decision to deprive British citizenship, a decision to remove an EEA national pursuant to the EEA Regulations, the revocation of protection status, or where an appellant is detained and has received a decision by the Detained Asylum Casework team at the Home Office, there is no applicable fee. Additionally, there are other scenarios in which you may be exempt from paying a fee.

Upon the approval of your immigration appeal, you have the option of requesting that the Judge contemplate a fee award, or the Judge may do so independently. Whether the evidence and points have been presented in a manner that is both appropriate and comprehensive will determine whether the Respondent has had the opportunity to properly consider all matters.

First-tier Tribunal (Immigration and Asylum Chamber) Immigration Appeal Frequently Asked Questions

What is my immigration status during an appeal to the First-tier Tribunal (Immigration and Asylum)?

If you were granted leave at the time of your application or claim and that leave expired prior to the Home Office's decision, your leave to enter or remain will be automatically extended under section 3C of the Immigration Act 1971. Your leave will be extended until any in-time appeal against refusal is ultimately determined if this applies to you.

In the event that the appeals deadline has expired, the leave extension granted by section 3C will have expired. Only if the Tribunal grants an extension of time to file an out-of-time appeal will Section 3C leave be reinstated, and only from the moment that permission is granted.

Can I leave the UK while my immigration appeal to the First-tier Tribunal is pending?

Your immigration appeal will be considered abandoned if you have appealed to the First-tier Tribunal from within the UK and subsequently depart the country while your appeal is pending, unless the underlying claim was certified as obviously unfounded.

If your leave is extended pursuant to section 3C of the 1971 Act, your departure from the United Kingdom will also trigger the termination of this leave.

Can I enter the UK while my immigration appeal to the First-tier Tribunal is pending?

There is no impediment to continuing your appeal from within the UK, for example, to provide evidence at the appeal hearing, if you have appealed against a refusal of entry clearance from outside the UK.

You may wish to apply for a visit visa for this purpose or, if you are a non-visa national, to apply for leave to enter as a visitor at the UK border. It would be necessary to disclose and address your most recent refusal decision as part of any such application.

Can I make a fresh application instead of, or as well as, appealing to the First-tier Immigration Tribunal?

In addition to appealing or as an alternative, it may be feasible to submit an additional application to the Home Office, contingent upon the rationale for the rejection. The feasibility of this endeavour will be contingent upon the specific circumstances and the availability of existing leave or alternative options. It may be beneficial for you to consult with an immigration appeal counsel for specialised guidance regarding your circumstances.

If your application has been denied, an appeal (or administrative review application) has been filed against the denial, and your leave has been extended in accordance with section 3C, it will be impossible to submit an additional application. Nevertheless, the Home Office's guidance permits the submission of a human rights or protection claim in these situations.

What will happen after I receive my immigration appeal decision?

The Home Office may attempt to appeal the decision of the Immigration Judge of the First-tier Tribunal (Immigration and Asylum) to the Upper Tribunal if your immigration appeal is permitted. If the Home Office does not appeal, or if they appeal and are either denied permission to appeal or their appeal is invalidated, the Home Office should reverse their decision and provide you with the appropriate immigration status document.

If the First-tier Tribunal Immigration Judge rejects your immigration appeal, you may have the option of appealing the Judge's decision to the Upper Tribunal. Your solicitor will be able to evaluate the Immigration Judge's decision and provide you with guidance on the viability of lodging an appeal with the Upper Tribunal, as well as the merits of any subsequent appeals.