Immigration Appeals

A refusal from the Home Office can be deeply worrying, but it is not always the end of the matter. It is important to know from the outset that not every refusal carries a right of appeal. The way to challenge a decision depends on the type of decision made: some can be appealed to an independent tribunal, some can only be challenged by administrative review, and some only by judicial review. Your refusal letter should explain which applies, and acting within the time limit is essential.

Which decisions can be appealed

Under section 82 of the Nationality, Immigration and Asylum Act 2002, there is a right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber) where the Home Office decides to:

• Refuse a protection claim (asylum or humanitarian protection).
• Refuse a human rights claim, including many family and private life cases.
• Revoke protection status.

The tribunal also hears certain other appeals under separate legislation, including EU Settlement Scheme decisions, some EEA decisions, frontier worker permit decisions and decisions to deprive a person of British citizenship.

Refusals of most work, study and similar applications do not carry a right of appeal. These are usually challenged by administrative review.

Time limits

• In the UK: 14 days from receiving the decision.
• Outside the UK: 28 days from receiving the decision (or, where you must leave the UK before appealing, 28 days from leaving).

A late appeal must explain why it is late, and the tribunal decides whether to accept it. Please seek advice as soon as you receive a decision.

Tribunal fees

At the time of writing, the tribunal fee is £82 for an appeal decided without a hearing and £144 for an appeal with a hearing. Some people are exempt, for example those receiving asylum support or legal aid, and help with fees may be available.

How an appeal works

1. Lodging the appeal: online or on the paper form, within the time limit, with the grounds of appeal.
2. Preparing the case: an appeal bundle is prepared, including the evidence, witness statements from you and any supporting witnesses, and a written argument explaining why the decision was wrong.
3. The hearing: an independent judge hears evidence and submissions from both sides. Witnesses may be questioned by the Home Office representative.
4. The decision: usually given in writing after the hearing. If the appeal is allowed, the Home Office may need to reconsider its decision.

Evidence and preparation

The tribunal looks at the case afresh, so the appeal is an opportunity to address the reasons for refusal directly. Depending on the case, useful evidence may include updated documents, detailed witness statements, country information, medical or expert reports, and evidence of family relationships or ties to the UK. The tribunal gives directions about when evidence must be filed, and these deadlines must be followed carefully.

Common situations we help with

• Refused asylum or humanitarian protection claims.
• Refused family and private life (Article 8) claims.
• EU Settlement Scheme refusals.
• Appeals against revocation of protection status or deprivation of citizenship.
• Deciding whether a refusal letter is appealable at all.

Onward appeal to the Upper Tribunal

If the First-tier Tribunal dismisses the appeal, a further appeal to the Upper Tribunal is possible only if the decision contains an error of law, and only with permission. Permission is first sought from the First-tier Tribunal, and if refused, from the Upper Tribunal. The deadlines are short and vary with the circumstances, so advice should be taken immediately.

"Clearly unfounded" certification

The Home Office can certify a protection or human rights claim as clearly unfounded. Where this happens, there is no right of appeal against the refusal. The only way to challenge it is usually by judicial review, which must be brought promptly and in any event within 3 months.

Recent and proposed changes

In force from 12 August 2026: the First-tier Tribunal must decide certain appeals within 24 weeks of the appeal being lodged, unless that is not reasonably practicable. This applies to protection appeals by people living in Home Office asylum accommodation and to appeals by some people liable to deportation who are not detained.

Proposed only: the Immigration and Asylum Bill, currently before Parliament, would create an Independent Immigration Appeals Authority to hear certain appeals, alongside a single appeal route requiring all issues to be raised at the start. The Bill has not yet become law, and the current tribunal system continues to apply.

How Stonebridge can help

• Reviewing your refusal and advising which remedy is available.
• Lodging the appeal within the time limit and drafting grounds of appeal.
• Preparing witness statements and the appeal bundle, and obtaining supporting evidence.
• Arranging representation at the hearing.
• Advising on onward appeals and judicial review.

No appeal outcome can be guaranteed, but thorough preparation helps the tribunal see the full picture. If you have received a refusal, please book a consultation as soon as possible.