Appeal a decision by the immigration and asylum tribunal

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

Simply call us at 0203 384 4389 if you need help with your visa.

"*" indicates required fields

How can we help you today?

Name*
Name*
*
This field is for validation purposes and should be left unchanged.
How can we help you today?

Appeal a benefit decision by the UK immigration and asylum tribunal

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 Court).

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

Our experienced UK immigration Solicitors can help you with your immigration process.

How to appeal

You must be able to make a case for why the decision was legally wrong.
For example, if the tribunal:

Simply call us at 0203 384 4389 if you need help with your visa. You can also fill out the online form here.

Our experienced UK immigration Solicitors can help you with your immigration process.

Ask for a hearing

You can ask on your application for a decision to be made either:
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.

Our experienced UK immigration Solicitors can help you with your immigration process.

If you have a hearing

We will inform you when your hearing is to take place. You may however need to attend a pre-hearing first, where the tribunal will check that you’re ready for the full hearing to take place.

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:

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 can not attend the hearing
You must attend the hearing yourself if you’re in the UK.
If you’re not in the UK, we can arrange for a representative 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:

You must us aware if your sponsor will be attending the hearing in your place. Include the case reference number of your appeal.

Form IAFT-4: Appeal to the Upper Tribunal (immigration cases)

Seek permission from the First-tier Tribunal (Immigration and Asylum Chamber) to appeal to the Upper Tribunal regarding an immigration decision.

The Tribunal's decision

You’ll normally get your decision in writing in 28 days.

If you win your appeal

If the Upper Tribunal (Immigration and Asylum Chamber) decides that a mistake was made it can:

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.
If you’re refused permission
You can ask the relevant higher court for permission.
You must do this within:
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.

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.

Fees

There is no fee to appeal to the tribunal (Immigration and Asylum Chamber).

Our experienced UK immigration Solicitors can help you with your immigration process.

Frequently Asked Questions (FAQs)

Most of the time, a child needs a visa in order to live in the UK. For instance, if their parent is a foreign national working or studying in the country, the child may need a Child Dependant Visa.

If you’re allowed to appeal, you may address the tribunal. To initiate this process, the initial action involves filling out an appeal form and submitting it within 28 days of receiving your decision, provided you are outside the UK. In case your appeal faces rejection, an alternative route is available: contesting the decision through Judicial Review (JR).

To make your spouse’s visa application successful, proof of a continuous relationship is crucial. The Home Office carefully checks information to spot fraudulent marriages. They’ll examine your details closely to determine if your relationship has been ongoing.

 

Many people think that they can easily get a Spouse visa if their relationship is real and they had a genuine wedding. But as fake applications get smarter, the Home Office hunts for any mistakes in your application to reject your Spouse’s Visa.

A Spouse Visa rejected letter may be sent due to minor concerns, which can be quite upsetting for couples who are in genuine relationships. The applicant should be ready for a thorough examination of all the details related to their spouse’s visa application.

An appeal court’s decision making process can take a long time. While some cases can be handled in a few weeks or months, others may take much longer—in complex cases, years—to resolve. The timing is determined by many factors, including the case’s complexity and the court’s workload.

At the moment, there isn’t a defined success rate for the UK’s unmarried partner visa. However, those unable to meet the set criteria often face rejection from the Home Office. Reasons for refusal can range from incorrectly filled application forms to other grounds that don’t meet their standards.

If you are not satisfied with the Immigration Judge’s decision, you can request that the Board of Immigration Appeals (“Board”) review the case. The purpose of this review is to make sure the judge made the right choice. Referred to as an “appeal,” it needs to be received by the Board no later than 30 days after the judge’s ruling in your case.

The dataset utilized for our modeling comprises 242,466 appeals, encompassing 38 features (refer to Appendix 1 for the complete list) delineating details about the appellant, the case, and the lower-court judge. Among these appealed cases, 78,482 (32.4%) achieved successful outcomes, while 163,829 (67.6%) were unsuccessful in the appeal.

Quick Contact Form NHP (1)

Inline form for homepage

"*" indicates required fields

How can we help you today?

Name*
Name*
*
This field is for validation purposes and should be left unchanged.

Our Services

Spouse Visa, Fiancé Visa, Civil Partner Visa
Child Dependent Visa, Adult Dependent Relative Visa
ILR (Indefinite Leave to Remain), Visa Extensions, ILR through Domestic Violence
Retaining Rights of Residents, EU Settlement Status
Appeal a Decision , Challenge a Refusal, Judicial Review, Administration Review
Denied Entry , Deportation, Legal Representation, Detention & Bail
UK Business Expansion, UK Start-up Visa
UK Investor Visa, UK Self Sponsorship Visa,UK Sole Representative Visa
UK Visit Visas, Business Visit Visa
Visit Visa For marriage & Civil Partnership, Medical Treatment Visitor Visa
Skilled Worker Visas, Graduate Visa
Domestic Worker in Private Household Visa
Student Visa, Child Student Visa