You must be able to make a case for why the decision was legally wrong. For example, if the tribunal: did not apply the correct law or wrongly interpreted the law did not follow the correct procedures had no evidence or not enough evidence to support its decision Ask for permission to appeal You must ask the First-tier Tribunal (Immigration and Asylum Chamber) for permission to appeal to the Upper Tribunal. You’ll be given the form to ask permission from the First-tier Tribunal (Immigration and Asylum Chamber) when you get your decision. Send it with a copy of the decision to the address on the form. Deadlines for asking the First-tier Tribunal for permission to appeal You must ask for permission to appeal within a certain period of time of getting your decision. When you must appeal by depends on whether you’re inside or outside the UK. When you must appeal by You’re inside the UK 14 days after the date on the written reasons for the decisions You’re outside the UK 28 days after the date on the written reasons for the decisions Fees There is no fee to appeal to the tribunal. If you’re refused permission to appeal You can apply to the Upper Tribunal for permission to appeal if the First-tier Tribunal refuses, or only gives your permission to appeal on limited grounds. Download and fill in the Upper Tribunal permission request form and send it with the appropriate documents to the address on the form. You must also say whether you want a hearing or not. If your case was heard at either the Yarl’s Wood or the Harmondsworth hearing centre as a Detained Immigration Appeal, send your application to the Harmondsworth hearing centre . Deadlines for asking the Upper Tribunal for permission to appeal How long you have depends on where you are and how you received your refusal letter from the First-tier Tribunal. When you must appeal by You’re inside the UK 14 days after the date on the decision You’re outside the UK 1 month after the date on the decision Documents you must send with your application Include copies of the following documents with your form: the decision by the First-tier Tribunal the ‘notice of refusal of permission to appeal’ by the First-tier Tribunal or the ‘refusal to admit the application for permission’ a statement clearly setting out your reasons for why you think the First-tier Tribunal made a mistake any other relevant documents that you sent to the First-tier Tribunal You also need to include any written evidence that shows why you think the First-tier Tribunal made a legal mistake. If your application is late, you must explain in writing why it is late. The tribunal will then decide if it can review your application. Ask for a hearing You can ask on your application for a decision to be made either: just on the information in your application at a hearing that you or your representative can go to The tribunal can decide to have a hearing even if you do not ask for one. You’ll be told if this is the case and invited to attend if you’re in the UK. If they do not hold a hearing, a judge will decide your case based on your application. Withdrawing your appeal Only you or your representative can withdraw your appeal. Contact the tribunal in writing if you want to withdraw your appeal - include your appeal number. The tribunal will decide whether to give you permission to withdraw, or if the hearing will go ahead. If your hearing is less than 7 days away, contact the hearing centre where your appeal is scheduled.

If you have a hearing

You or your representative will be told when and where your hearing will take place. You can check the daily courts lists on the day of your hearing to find out if anything has changed. You may need to attend a pre-hearing first, where the tribunal will check that you’re ready for the full hearing to take place. Bring copies of all the documents that you gave to the tribunal. You can bring a friend to represent you - ask the judge at the beginning of the hearing if this is the case. If you or your witness or representative is outside the UK and wants to give live video or audio evidence, contact the tribunal to request it. Tell the tribunal what country you, the witness or representative is in and what type of evidence is being given. You must do this as soon as possible. Special requirements Write to the Customer Enquiry Unit at least 2 weeks before your hearing if you need any special help, for example wheelchair access. Customer Enquiry Unit IA Field House 15-25 Breams Buildings London EC4A 1DZ Private hearings or hearings by video Hearings are usually carried out in public. If you have an important need (for example you think you’ll be put in danger if you go to the hearing), you can ask: for your name not to appear on any tribunal documents or court lists for the tribunal to be private and not open to the public to attend the hearing by video link Asking for a male or female judge You can ask for a male or female judge if you think there are issues in your appeal that make it appropriate. The tribunal will decide if it can do this. Make your request as soon as possible when your apply, and no later than 7 days before the hearing. If you cannot attend the hearing You must attend the hearing yourself if you’re in the UK. You can also bring a solicitor or regulated immigration adviser with you. If you’re not in the UK, you can ask a solicitor, regulated immigration adviser or the person who supported your application (your ‘sponsor’) to attend the hearing in your place. You can only be represented at the hearing by a solicitor or regulated immigration adviser, your sponsor can not act on your behalf. Your sponsor can not represent you at the hearing, they can only be: told the tribunal’s decision given information over the phone You must write to the tribunal to tell them if your sponsor will be attending the hearing in your place. Include the case reference number of your appeal. Children at the hearing You can not take children into the hearing room with you. If you need to bring them to the tribunal, you’ll need to bring someone to look after them. If your appeal can not be resolved at the hearing If your appeal is not held on its scheduled day for any reason (for example there is not a judge available) it’ll be ‘adjourned’ and rescheduled for another day. Your hearing may also be adjourned as ‘part heard’ if there is not enough time to finish it, or it can not be resolved on the day, for example because more evidence is needed. The tribunal will arrange another hearing with the same people present.

The tribunal's decision

You’ll normally get your decision in writing in 28 days. If you win your appeal If the Upper Tribunal decides that a mistake was made it can: overrule the decision and make its own judgement order the First-tier Tribunal to hear the case again The Home Office can appeal the decision of the tribunal. If you lose your appeal You may be able to appeal to a higher court if you think there was a legal mistake made by the tribunal. Get legal help or advice if you’re not sure about this. Ask for permission You must write to the upper tribunal and ask for permission before you appeal. How long you have to do this depends on where you are and how you received your decision. Refusal letter by post Refusal by email or delivered personally You’re inside the UK 12 working days 10 working days You’re outside the UK 38 days 10 days Upper Tribunal (Immigration and Asylum Chamber) IA Field House 15-25 Breams Buildings London EC4A 1DZ Once you have permission, you should appeal to the relevant higher court: The Court of Appeal in England and Wales The Court of Session in Scotland The Court of Appeal in Northern Ireland You must do this within: 28 days of being given permission (England and Wales) 42 days of being given permission (Scotland) 21 days of being given permission (Northern Ireland) You may have to pay court fees and the other party’s costs. If you’re refused permission You can ask the relevant higher court for permission. You must do this within: 28 days of being refused permission (England and Wales) 42 days of being refused permission (Scotland) 21 days of being refused permission (Northern Ireland)

Legislation and previous decisions

Read the rules the tribunal must follow and its decisions on previous cases. Legislation The Upper Tribunal (Immigration and Asylum Chamber) must follow the rules and process in the The Tribunal Procedure (Upper Tribunal) Rules 2008 . The tribunal has issued additional guidance on certain issues: practice statements practice directions The tribunal will make a decision based on legislation, including the: Immigration Act 1971 Nationality, Immigration and Asylum Act 2002 Immigration, Asylum and Nationality Act 2006 Tribunals, Courts and Enforcement Act 2007 UK Borders Act 2007 Borders, Citizenship and Immigration Act 2009 Immigration Rules Immigration (European Economic Area) Regulations 2006 Previous decisions You can search for decisions made in other cases .

Appeal a decision by the immigration and asylum tribunal

Overview

You can appeal to the Upper Tribunal (Immigration and Asylum Chamber) if you think there’s a legal mistake with a decision made by the First-tier Tribunal (Immigration and Asylum Chamber).

The tribunal is independent of government and will listen to both sides of the argument before making a decision.

Help you can get

You can get legal advice (including from a solicitor), or help from a regulated immigration adviser.

You can also contact Citizens Advice.

You may be able to get legal aid.

Read the guide on representing yourself if you’re not going to have a legal representative.

You may be able to get asylum support, for example housing and money, while you’re waiting to find out if you’ll be given asylum.

Contact the tribunal if you have any questions about your appeal. The tribunal can not give you legal advice.

Upper Tribunal (Immigration and Asylum Chamber)
[email protected]
Telephone: +44 (0) 300 123 1711
Minicom: +44 (0) 300 123 1264
Fax: +44 (0) 870 324 0095
Monday to Friday, 8:30am to 5pm
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Appeal a decision by the immigration and asylum tribunal

Overview

Help you can get

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