Home Office Appeal: How Long?

The length of time it takes to appeal a Home Office decision varies depending on the type of appeal and the complexity of the case. In the UK, appeals are heard by the First-tier Tribunal (Immigration and Asylum Chamber), and it can take several months for an appeal hearing to take place. In some cases, individuals may have to wait up to a year for their appeal to be heard. After the appeal hearing, it typically takes around one month to receive a decision from the tribunal. If the appeal is allowed, the Home Office will reconsider its decision, and if circumstances have changed, they may reconsider the entire application. However, it is important to note that a successful appeal does not guarantee entry or the right to stay in the country. If the appeal is dismissed, individuals have the right to appeal again to the Upper Tribunal (Immigration and Asylum Chamber).

The First-Tier Tribunal

If you are appealing a decision, you are asking a judge at an independent court (separate from the Home Office) to look at your application and overturn the Home Office refusal. Not all Home Office decisions have the right of appeal. You only have the right of appeal within the UK if the Home Office refuses your application and it is:

• A claim for international protection (meaning, an application for Refugee Status or Humanitarian Protection, usually called an asylum claim)
• An EU Settled Status application made after 31 January 2020
• A human rights claim

If you are making a human rights claim when you are subject to deportation after a criminal sentence, the Home Office may certify the claim unless you can show that "serious and irreversible harm" would occur if you had to appeal outside of the UK.

If your claim is certified, you may be able to appeal the negative decision on your application from outside of the UK. It may also be possible to challenge the certification of your claim through a judicial review.

If you do have the right of appeal, you do not need to apply for permission to appeal at the First-Tier Tribunal – you can go ahead and appeal. To appeal a Home Office decision, you need to submit an application form to the First-Tier Tribunal. You can submit the completed appeal form by post, fax, or online. If you are in the UK, your completed appeal form and accompanying documents and evidence must be received at the Tribunal no later than 14 calendar days after you are sent the notice of the decision by the Home Office. If you are applying from outside the UK, you will have 28 days to appeal after you get your decision.

After submitting your appeal, you will be sent a "Notice of Hearing". This will tell you the time and date of the hearing, and where the hearing will take place. Hearings are in public, but you can request that the hearing takes place in private if you fear for your safety or due to the sensitive nature of your case.

Once the appeal has been heard by the First-Tier Tribunal, you will be given a decision in person or by post, and you will usually get a copy of the tribunal's decision within 4 weeks of the hearing. If your appeal is allowed, this does not automatically mean you will be able to enter or stay in the country, but it means the Home Office must reconsider its decision. It may even reconsider the entire application if your circumstances have changed since you appealed. If the tribunal dismisses your appeal, you can appeal again, but you would first need to request permission to appeal to the Upper Tribunal (Immigration and Asylum Chamber).

Appealing to the Upper Tribunal

If your appeal is dismissed by the First-tier Tribunal, you can appeal again to the Upper Tribunal (Immigration and Asylum Chamber). This is the court one level above the First-tier Tribunal.

Applying for permission to appeal

You do not have an automatic right to appeal at the Upper Tribunal. You need to apply for permission first. Your application for permission must explain why you think the First-tier Tribunal judge made an error in the way they applied the law when deciding your case. This is called an "error of law". Examples of errors of law include:

• The First-tier Tribunal judge has made a mistake about the meaning of the immigration rules
• The First-tier Tribunal judge has not followed a binding decision of a higher court
• The First-tier Tribunal judge has overlooked important evidence
• The First-tier Tribunal judge has made a decision for which there is no evidence or not enough evidence
• There has been unfairness in the way the decision was made

You will not have a good chance of winning the right (permission) to appeal if you simply say you disagree with the decision of the First-tier Tribunal. You need to explain why you believe the judge made an error of law.

To apply for permission to appeal, you need to complete a form called IAUT-1: Application for permission to appeal from First-tier Tribunal. You can find the form, and guidance notes, on the Tribunal website. You send the completed form by fax or post to the Upper Tribunal. The postal address is: Upper Tribunal (Immigration and Asylum Chamber), IA Field House, 15-25 Breams Buildings, London EC4A 1DZ. The fax number is 0870 3240111.

If you are in the UK, the form should be completed and sent to the Upper Tribunal no later than 14 calendar days after the date on which the First-tier Tribunal’s refusal of permission was sent to you. If you are outside of the UK, the time limit is one month.

If permission to appeal is refused

If permission to appeal is refused by the Upper Tribunal, you may be able to apply for a judicial review of the refusal of permission to appeal at the Upper Tribunal. To do this, you will need to be able to show that an error of law was made in deciding your appeal that raises an important point of principle or practice, or show some other compelling reason for the case to be heard.

If you are granted permission to appeal

If you are granted permission to appeal to the Upper Tribunal, there will be either a hearing before one or more Upper Tribunal judges, or the case may be decided without an oral hearing, based on the papers available.

The Upper Tribunal will send you Directions setting out the steps that are required to be taken before the hearing. Make sure you read these carefully, and follow the instructions within the time limits given in the Directions.

You may wish to submit written submissions and/or a skeleton argument to expand on the grounds you used to apply for permission to appeal. You should explain in these documents why you think the First-tier Tribunal made an error of law. If you wish to submit these documents, you need to send them to the Upper Tribunal and the Home Office in advance, in accordance with the instructions in the Directions.

If you want the Upper Tribunal to consider new evidence, you must submit it to the Tribunal and the Home Office in advance, explaining why it has not been submitted before. You need to bring the originals of any documents with you to the Tribunal. These documents must be in English or be officially translated.

The Upper Tribunal hearing

If you need to attend a hearing, you will receive a letter. You can ask for a written hearing, but it's usually better to attend in person. It is possible to have a hearing via video or phone call if that would make it easier for someone else to take part.

You should get the decision on the day of the hearing or a few days after.

Decisions the Upper Tribunal can make

If the Upper Tribunal finds an error in law, they will use the evidence you submitted to the First-tier Tribunal to make a decision.

If there is not enough information, it can refer the case to a new First-tier Tribunal.

Appealing the Upper Tribunal's decision

You can go to the Court of Appeal, and then the Supreme Court, but only if there is an error in law.

Administrative Review

An Administrative Review is a formal request for the Home Office to reconsider an immigration decision where it is believed they made a mistake. This is where the Home Office reconsiders the original evidence and decision to determine if an error was made. It is only possible to apply for a Home Office administrative review in certain circumstances. Your decision letter from the Home Office will tell you if you have the right to request an administrative review.

Who can apply for an administrative review?

It may be possible to request a Home Office administrative review if:

• Your application for leave was refused
• You were granted limited leave to enter or remain rather than indefinite leave to enter or remain
• Leave has been cancelled
• You applied from outside the UK, your application was refused after 5 April 2015, you do not have a right to appeal against the decision, and you did not apply for a short-term student visa, a visitor visa, or make a human rights claim
• You can request an administrative review from inside the UK if your application was refused or if you wish to challenge the conditions or length of your leave, and it relates to a decision on a student, child student, or a parent of a child student visa, among others

How to apply for an administrative review

If you are applying for an administrative review from outside the UK, you will need to complete and submit the online administrative review application form within 28 days of receiving your decision. You will need to explain the mistakes you believe have been made and provide evidence as to why these are incorrect. You will also need to pay the administrative review fee.

If you are applying for an administrative review from inside the UK, you will need to complete and submit the inside UK online administrative review application form within 14 days of receiving your decision. As with applications from outside the UK, you will need to explain the mistakes you believe have been made and provide evidence as to why these are incorrect, as well as pay the administrative review fee.

It can take up to 6 months (and even longer in some cases) to receive a decision from the Home Office on an administrative review. The Home Office advises that if a decision is not received within 3 months, they will contact you, providing an update.

Judicial Review

A judicial review is a legal challenge to the way a decision has been made in your asylum, immigration, or human rights application. This is usually a decision made by the Home Office, but it could also be a decision made by a court. A judicial review is different from an appeal. If you want to challenge a decision made by the Home Office because you think that decision was wrong, you may be able to appeal that decision.

A judicial review can challenge the way a decision has been made if you believe it was illegal, unreasonable, irrational, or unfair. It is not about whether the decision was "right", but whether the law has been correctly applied and the right procedures have been followed.

Lodging an application for permission for judicial review does not always mean that the Home Office cannot remove you from the UK if you remain there without valid leave to remain. This is a complicated issue. Similarly, judicial review may not extend your leave to remain by virtue of section 3C of the Immigration Act 1971.

To apply for a judicial review, you must apply to the Upper Tribunal Immigration and Asylum Chamber (UTIAC). You can apply to the UTIAC for a judicial review to challenge the lawfulness of a decision or other conduct by a public body in your asylum or immigration claim. A public body can include the Home Office, the First Tier Tribunal, or your local council.

Only use the judicial review process if you are challenging something on the grounds that it is unlawful, illegal, irrational or unreasonable (according to the legal criteria). You should seek independent legal advice if you are unsure. Depending on the circumstances, instead of making a judicial review application to the UTIAC, you may need to appeal against the decision or apply to the Administrative Court.

A judicial review application has several stages. The first stage is the initial application (UTIAC1). The fee for the initial application is £169. Depending on whether your initial application is successful and what happens next, you will have to pay additional fees. If permission is granted, the fee for a final hearing is £847.

You may be eligible for help with fees. If permission is granted, a substantive hearing will take place where a judge will consider the claim in detail. The hearing will likely happen several months – maybe even years – after you first applied for a judicial review, although this will depend on the urgency of the case.

Asylum Support

The asylum application process can be complex and challenging, and there are various resources available to support asylum seekers. These include informational resources on how to apply for asylum, emotional support groups, and legal consultations. It is recommended that asylum seekers seek specialist legal advice when navigating the asylum application and appeal processes.

Appealing a Home Office decision can be done through the First-tier Tribunal (Immigration and Asylum Chamber) in certain cases, such as refused human rights claims, residence document refusals, and revoked immigration status. The appeal process depends on whether the applicant is applying themselves or with the assistance of a legal professional. Applicants have 14 days to appeal from within the UK and 28 days from outside the UK. Submitting an appeal online is typically much quicker than doing so by post, email, or fax. The cost of appealing a visa or immigration decision is £80 without a hearing and £140 with a hearing, although some appeals are exempt from paying a fee.

The UK immigration appeal process can take several months, but it may be possible to request an expedited decision in urgent cases. After submitting an appeal, applicants will receive a "Notice of Hearing" informing them of the time, date, and location of the hearing. Hearings are typically conducted in public, but applicants can request private hearings or attendance via video link or phone if there are safety concerns or other valid reasons.

Frequently asked questions