UK Immigration Appeals Overview
Where an immigration application has been refused and there is a statutory right of appeal, the appeal is made to the First-tier Tribunal (Immigration and Asylum Chamber). The Tribunal is independent of the Home Office and hears evidence and legal argument from both parties before reaching a decision.
Who Has a Right of Appeal?
Not all refusals carry a right of appeal. Rights of appeal are generally available in the following circumstances:
- Refusal of a human rights-based application (Article 8 ECHR — right to family and private life)
- Refusal of asylum or humanitarian protection claims
- Refusal of an EEA family permit or EUSS application in certain circumstances
- Deportation decisions
- Entry clearance refusals in limited circumstances
The Appeal Process
- Filing the appeal with the Tribunal (within the applicable time limit)
- Home Office response (refusal letter reviewed as the Reasons for Refusal)
- Directions for the hearing (documents, skeleton argument, witness statements)
- Hearing before an Immigration Judge
- Written determination (decision) issued by the Tribunal
Preparing for Appeal
A successful appeal requires careful preparation. Key documents include witness statements from the appellant and any supporting witnesses, a skeleton argument addressing the legal issues, and a paginated bundle of supporting evidence. Britlaw Solicitors prepares all documentation and represents clients at the hearing.
Onward Appeals
Where an appeal is unsuccessful at the First-tier Tribunal, it may be possible to appeal further to the Upper Tribunal on a point of law, or to apply for permission to appeal. Britlaw Solicitors advises on the prospects of onward appeal and on the steps required.