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Most appeal immigration decisions about visas or immigrants are based on legal reasons. Some examples are errors in the process, wrong interpretations of facts, or failure to look at important paperwork.
Appeal from outside the UK
In most cases, the Appeal Immigration decision letter will tell you whether or not you have the legal right to appeal, which is required for submitting an appeal to the tribunal.
If you can request an administrative review, you will generally find that information in your decision letter.
If you are uncertain about your ability to appeal, it is advisable to consult with an immigration advisor or attorney.
Without an attorney, you should familiarise yourself with the instructions for representing yourself.
Methods for appealing
The process will differ if you’re an attorney appearing on behalf of a client or applying for yourself.
If you work as an immigration advisor or lawyer
Typically, you must use the MyHMCTS programme to file an appeal online. If you haven’t already, go ahead and make an account.
Your client’s detention is the only circumstance requiring a paper form appeal.
Appealing without a lawyer or immigration lawyers
Fitting an appeal within 28 days of receiving the ruling is possible. You will have 28 days to file an appeal after you have left the country if you are required to do so by law.
Are you applying after the deadline? Just provide the tribunal with a reason. They’ll determine whether they can still consider your appeal based on that.
You can appeal later if your administrative review for an EU Settlement Scheme, border worker, or S2 healthcare visitor application was rejected. You will find instructions on how to appeal in your administrative review judgment.
The appeal process is faster online than by mail or fax, so do it if possible.
Appeal an immigration or asylum decision online
To challenge an immigration or asylum decision online:
- Go to the website and create an account.
- Use your Home Office reference number from your decision letter.
- Upload any documents that help your case.
- Ask for a hearing if you need one.
- Wait for the decision on your appeal, which you’ll get online or via email or text.
If you can’t use this website:
- Try another online service.
Or, apply by sending a letter, fax, or email.
- To apply this way, fill out one of these forms and include copies of your supporting documents:
- Use form IAFT-5 if your appeal is about:
- Being deported under the Immigration (European Economic Area) Regulations 2016.
- Permit refusal, revocation, or deportation if you’re a frontier worker.
- Leave refusal, revocation, or deportation if you’re on an S2 Healthcare Visitor visa.
- Use form IAFT-6 if your appeal is about:
- Entry clearance human rights claim refusal.
- Deportation, status refusal, revocation, or stay condition changes under the EU Settlement Scheme.
- Family or travel permit refusal or revocation under the EU Settlement Scheme.
- Use form IAFT-7 if you’re appealing a decision to refuse your human rights or protection claim after leaving the country.
Ask for an oral hearing
When submitting your appeal form against a Home Office decision to the First-tier Tribunal, you can request an oral hearing. This allows for a decision to be made either solely based on the information provided in your appeal form and accompanying documents or through a hearing in which your representatives can participate.
Even if you don’t explicitly request a hearing, the tribunal reserves the right to decide on holding one in cases related to Home Office appeals. In such cases, you will be notified accordingly.
When a hearing is not held, a judge will decide based on the contents of your appeal form and accompanying documents concerning your appeal against the Home Office decision.
Hearings related to Home Office appeals are conducted in a public setting. However, you may request for a private hearing or to attend via video link if there are valid reasons, such as concerns for your safety.
If your appeal against the Home Office decision involves sensitive issues, you can request a judge of a specific gender. However, the tribunal will determine if this accommodation can be granted.
Special requirements
Before your meeting, call the Customer Enquiry Unit if you need any exceptional help. For example, if someone representing you needs wheelchair access, they can let you know.
Fees
Without a hearing, it will cost you £80.
£140 after a hearing
You may not even have to pay if you qualify for legal assistance.
Payment Methods
Include your payment information on the appeal form or use a credit or debit card to submit your appeal online.
You may also pay the money online if you have already submitted your appeal.
