Tier 1, 2 or 5 migrants and family members

You can make an appeal if you applied for leave to remain as a Tier 1, 2 or 5 migrant or family member before 2 March 2015 and your application was refused on or after 6 April 2015.

You can only do this if your application being refused means you don’t have permission (‘leave’) to enter or
remain in the UK.

Tier 4 migrants and family members

You can make an appeal if you applied for permission to remain as a Tier 4 migrant or family member before 20 October 2014 and your application was refused on or after 6 April 2015.

You can only do this if your application being refused means you don’t have permission (‘leave’) to enter or remain in the UK.

Other decisions

You can appeal against certain other Home Office decisions if you applied before 6 April 2015 and your application was refused on or after the same date.

You can only do this if the Home Office’s decision didn’t include refusing an asylum or human rights claim.

Leave to enter

You can appeal if your application for leave to enter was refused.

Vary your leave to enter or remain

You can appeal if your application to change (‘vary’) the length and conditions of your stay in the UK was refused. You can only do this if your application being refused means you don’t have permission (‘leave’) to enter or remain in the UK.

Entry clearance

You can appeal if your application for entry clearance was refused.

Certificate of entitlement

You can appeal if your application for a certificate of entitlement to prove you have a right of abode in the UK was refused.

If you can’t attend yourself you can ask someone to represent you and ask witnesses to attend.

You may have to give evidence at the hearing and answer questions.

You may need to take part in a ‘pre-hearing’, where the tribunal will check that you’re ready for a full hearing.

The hearing will be attended by:

• a judge or judges, sometimes with other tribunal members
• your representative
• any witnesses called to give evidence
• an interpreter, if you’ve asked for one

It can also be attended by:

• a Home Office ‘presenting officer’
• your sponsor, if you have one

If your appeal can’t be resolved at the hearing

If your appeal isn’t held on its scheduled day for any reason (for example there isn’t a judge available) it’ll be rescheduled for another day.

Your hearing may also be adjourned as ‘part heard’ if there isn’t enough time to finish it, or it can’t be resolved on the day. The tribunal will arrange another hearing with the same people present.

You’ll be given a decision in person or by post.

The tribunal will either decide to:

• allow your appeal – this doesn’t automatically mean you’ll be able to enter or stay in the country and may simply mean the Home Office has to reconsider its decision
• dismiss your appeal and uphold the Home Office’s original decision

You’ll usually get a copy of the tribunal’s decision within 4 weeks of the hearing.

Both you and the Home Office can appeal the decision of the tribunal.

The tribunal can order either you or the Home Office to pay the other’s costs if either of you has acted unreasonably.

If you win your appeal

The Home Office will change (‘revise’) its decision if you win your appeal. The Home Office may reconsider your entire application if your circumstances have changed since you first made your appeal.

The judge may order the Home Office to pay you a ‘fee award’ if you win your appeal, up to the amount you paid for your tribunal fee.

If you lose your appeal

You can ask for permission to appeal to the Upper Tribunal (Immigration and Asylum Chamber) if you lose your case and you think there’s a legal mistake with the tribunal’s decision.

For example, you think the tribunal:

• got the law wrong
• didn’t apply the correct law
• didn’t follow the correct procedures, which affected the decision
• had no evidence to support its decision