Appealing Home Office Decisions: Your Rights

If you want to appeal against a Home Office decision, you must have the legal right to do so. You will usually be informed of this in your decision letter. If you are unsure, you should consult a solicitor or immigration adviser. If you have the right to appeal, you can appeal to the First-tier Tribunal (Immigration and Asylum Chamber). This is the first court you have access to if the Home Office has refused your application.

Seek legal advice from a solicitor or immigration adviser

If you are considering appealing a Home Office decision, it is important to seek legal advice from a qualified professional, such as a solicitor or immigration adviser. They can guide you through the complex legal process and improve your chances of a successful appeal. Here are some key reasons why seeking legal advice is a crucial step:

• Understanding Your Rights and Options: Immigration law is intricate and constantly evolving. A solicitor or immigration adviser will help you understand your specific rights and outline the options available to you. They can assess your unique circumstances and advise you on the most appropriate course of action, ensuring you don't miss any crucial deadlines or requirements.
• Expert Knowledge of the Appeals Process: These legal professionals are experts in the appeals process and can navigate the system effectively. They will explain the steps involved, including the completion of any necessary forms, the gathering of supporting documents, and the submission of your appeal within the specified time frames. Their knowledge can help prevent procedural errors that may hinder your case.
• Representation and Advocacy: Solicitors and immigration advisers are skilled advocates who can represent you throughout the appeals process. They can communicate and negotiate with the Home Office and other relevant parties on your behalf. Having a legal representative can be especially beneficial when presenting your case before the tribunal, as they can articulate your arguments clearly and persuasively.
• Case Preparation and Strategy: Legal advisers will help you build a strong case by identifying the key legal grounds for your appeal and gathering supporting evidence. They will also develop a comprehensive legal strategy, ensuring your case is presented in the most favourable light. This includes addressing any potential challenges or weaknesses in your case and formulating responses that strengthen your position.
• Access to Specialist Support: Solicitors and immigration advisers often work closely with other professionals, such as barristers, who can provide additional expertise and representation for your case. They may also have access to resources and support services that can assist you during this challenging time. This includes referrals to organisations that provide housing, financial, or emotional support.
• Emotional Support and Guidance: The appeals process can be emotionally challenging and stressful. Legal advisers provide a supportive presence throughout the process, offering guidance and reassurance. They can help you manage your expectations and make informed decisions, ensuring you feel empowered and understood during this difficult time.

Remember, it is always advisable to seek legal advice as early as possible in the appeals process to ensure you take the correct steps from the outset. The guidance and representation provided by a solicitor or immigration adviser can significantly improve your understanding of the process and enhance your chances of a positive outcome.

Submit an appeal application within 14 days of the decision being sent to you

If you are in the UK, you have 14 calendar days to submit an appeal application after the Home Office has sent you the notice of their decision. This is a strict deadline, and if you miss it, your appeal application may not be considered by the Tribunal. However, you may be able to apply for an "out-of-time" appeal if you have valid reasons for the delay, which you will need to explain to the Tribunal.

To appeal a Home Office decision, you need to submit an application form to the First-tier Tribunal (Immigration and Asylum Chamber). You can submit the completed appeal form by post, fax, or online. The Tribunal is independent of the government, and a judge will listen to both sides of the argument before making a decision.

If you are filling in a hard copy appeal form, you can either fax it to 0870 739 4053 or post it to: First-tier Tribunal (Immigration and Asylum Chamber), PO Box 6987, Leicester, LE1 6ZX. If you are posting your appeal, it is recommended to use a recorded delivery or another service that provides proof of postage and acknowledgement of receipt. Ensure that you have signed and dated the appeal form.

Note that these details may change over time, so before submitting your form, check the contact details on the appeal form to ensure you are using the correct and most up-to-date information.

If you are handwriting a printed-off paper version of the appeal form, write your answers in BLOCK CAPITALS. You can also fill in the form as a PDF on a computer, depending on the software you have. Make sure to keep a copy of the completed form before posting it.

The online application form is a convenient and quick way to submit your appeal. However, the online version doesn't show you the upcoming questions, so it is advisable to prepare your answers beforehand. Some questions are mandatory and may require an answer that you cannot provide. For instance, one mandatory question asks, "If you have chosen to have an oral hearing, please say who will be attending your hearing," with options such as "sponsor," "witness," and "representative." If none of these options apply to you, you can write "not applicable" or explain your situation.

Be cautious when submitting your form, as it is not very obvious when you reach the final submission point. Ensure you have completed everything before clicking the "Finish submission" button.

You can find the application form online by searching for "Appeal against a visa or immigration decision" (Appeal from within the UK or Appeal from outside the UK) on the GOV.UK website. This online service is relatively new, so not everyone may be able to use it. When you access the service, you will be asked a few questions to determine if it is suitable for your situation.

If you cannot use the new online service, you may still be able to use the previous online service. Alternatively, you can use Form IAFT-5 when applying from within the UK in most cases. If you are appealing a decision where you have been detained in an immigration detention centre and received a decision letter from the Home Office, you must apply by post or fax using Form IAFT-DIA.

Remember, the appeal process can be complex, especially for asylum claims, so seeking specialist advice is always recommended.

Appeal to the First-tier Tribunal (Immigration and Asylum Chamber)

If you are appealing a Home Office decision, you are asking a judge at an independent court to look at your application and overturn the refusal. The First-tier Tribunal is the first court you have access to for this purpose. The tribunal is independent of the government, and a judge will listen to both sides of the argument before making a decision.

The First-tier Tribunal handles appeals for some decisions made by the Home Office relating to permission to stay, deportation from, and entry clearance to the United Kingdom. This includes appeals against decisions to refuse protection claims (asylum or humanitarian protection), revoke protection status, refuse human rights claims, refuse residence documents, revoke British citizenship, and more.

To appeal to the First-tier Tribunal, you must submit an application form. You can submit the completed appeal form by post, fax, or online. If you are filling in the hard copy appeal form, you can fax it to 0870 739 4053 or post it to: First-tier Tribunal (Immigration and Asylum Chamber), PO Box 6987, Leicester, LE1 6ZX, United Kingdom. If you are posting your appeal, it is recommended to use a recorded delivery service that provides proof of postage and acknowledgement of receipt. Make sure you have signed and dated the appeal form.

Note that 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 falls under one of the following categories:

• A claim for international protection (asylum claim or humanitarian protection)
• An EU Settled Status application made after 31 January 2020
• A human rights claim

If you do not have the right of appeal, you may be able to apply for an administrative review from the Home Office or explore the possibility of a judicial review.

Provide reasons for an urgent appeal

If you need to make an urgent appeal application, you must write to the tribunal with the reason why your case should be heard urgently. You should also provide evidence of compelling or compassionate grounds, such as letters from a doctor or hospital. Mark 'expedite requests' on the top of any documents you send with your application.

• Your health is at risk: If your health is at serious risk, you can provide medical evidence, such as letters from your doctor or hospital, to support your claim. This evidence will be considered by a judge who will decide if your application should be heard sooner than usual.
• Risk of deportation: If you are facing imminent deportation, you can request an urgent appeal to temporarily halt the deportation proceedings. This will allow time for your case to be reviewed and ensure that your rights are protected.
• Change in circumstances: If your circumstances have changed significantly since your initial application, such as the birth of a child or a new medical diagnosis, you can request an urgent appeal to have your case reassessed promptly.
• Administrative errors: If there were case-working errors or procedural issues with your initial application, an urgent appeal can be made to correct these mistakes and expedite a decision.
• Time-sensitive evidence: If you have obtained new, time-sensitive evidence that strongly supports your case, you can request an urgent appeal to have this evidence considered without delay.

Remember, even for an urgent appeal, you must have paid your tribunal fee (if applicable) for your application to be reviewed. Contact the tribunal to confirm receipt of your application and provide any additional information or updates as needed.

Request an oral hearing

Requesting an oral hearing is a crucial step in the appeal process against a Home Office decision. Here's a detailed guide on what to expect and how to prepare for an oral hearing:

Understanding Oral Hearings:

An oral hearing is your opportunity to present your case and provide evidence directly to a judge. It is a formal proceeding where you can explain your appeal and answer any questions from the judge and other parties involved. Oral hearings are typically held at the Tribunal in London but can also be conducted via phone or video conference.

Steps to Request an Oral Hearing:

• Complete the Appeal Form: When filling out the appeal form, indicate that you would like your appeal to be decided at an oral hearing. This is usually done by selecting the option on the form or writing it in the designated section.
• Provide Supporting Documents: Along with the appeal form, you will need to submit supporting documents, including your Reasons for Refusal Letter and the Notice of Decision document from the Home Office. These documents should be sent to the Tribunal as soon as possible.
• Submit the Appeal: Ensure that your completed appeal form and supporting documents are submitted within the specified timeframe. The deadline is typically 14 calendar days from receiving the notice of the Home Office decision. Submit your appeal to the First-tier Tribunal (Immigration and Asylum Chamber) by post, fax, or online.
• Prepare for the Hearing: Familiarize yourself with the typical stages of an oral hearing. The hearing usually begins with an introduction by the judge, followed by questions from your representative (if you have one) and then the Home Office representative. You will have the opportunity to provide oral evidence and explain your case.
• Interpreters and Special Requests: If you require an interpreter, be sure to notify the Tribunal in advance. You can also request specific accommodations, such as a male or female judge, if there are sensitive issues involved in your appeal.
• Adjournment Requests: If you are unable to attend the hearing on the scheduled date, notify the Tribunal as soon as possible and request an adjournment. Provide valid reasons for your request, such as illness or the need to gather important evidence.
• Witness Statements: If you have included witness statements in your evidence, it is advisable for those witnesses to attend the appeal hearing whenever possible. Their presence can strengthen your case.
• Understand the Decision: After the hearing, the judge will deliver their decision, which can be "allowed" (your appeal is successful), "dismissed" (your appeal is unsuccessful), or "remitted" (the judge asks the Home Office to make a new decision). You will receive the judge's written decision, known as the Statement of Reasons, within a few days of the hearing.
• Seek Further Advice: If you are working with an advice agency or legal representative, share the outcome of the hearing with them. They can provide guidance on the next steps and help you understand the implications of the judge's decision.

Remember, requesting an oral hearing allows you to actively participate in the appeal process and present your case directly to the judge. It is important to prepare thoroughly and seek legal advice or support if needed to ensure you effectively articulate your grounds for appeal.

Frequently asked questions