I have recently had my appeal rejected and I am at a loss of what to do my family members are all in the uk and I wont be able to see them anymore. Is there anything I can do as my appeal has been rejected?

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.

Appeal against a visa or immigration decision

Overview

You can appeal to the First-tier Tribunal (Immigration and Asylum Chamber) if the Home Office has decided to:

refuse your protection claim (also known as ‘asylum claim’ or ‘humanitarian protection’)

revoke your protection status

refuse your human rights claim

refuse you a residence document or deport you under the Immigration (European Economic Area) Regulations 2016

revoke your British citizenship

refuse or revoke your status, vary the length or condition of your stay, or deport you under the EU Settlement Scheme

refuse or revoke your travel permit or family permit under the EU Settlement Scheme or restrict your rights to enter or leave the UK under those permits

refuse or revoke your permit, or deport you if you’re a frontier worker

refuse or revoke your leave, or deport you if you’re an S2 healthcare visitor

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

If you do not have the right to appeal, you might be able to ask the Home Office for an administrative review.

How to appeal

How you appeal depends on whether you’re applying for yourself or if you’re a legal professional appealing on behalf of a client.

If you’re a solicitor or an immigration adviser

For most cases, you must appeal online using the MyHMCTS service. You’ll need to create an account first if you do not have one.

You must only appeal using a paper form if your client is in detention or has been refused settled or pre-settled status under the EU Settlement Scheme.

If you’re appealing for yourself without a solicitor or immigration adviser

Find out how to appeal from:

within the UK

outside the UK

There’s a different way to appeal if you made your application before 6 April 2015.

Help you can get

You can get help and advice from a solicitor or an immigration adviser.

You can also contact Citizens Advice.

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

You may be able to get asylum support (such as housing and money) if you’ve been refused asylum.

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

Urgent appeal applications

You need to write to the tribunal with:

the reason why your case should be heard urgently

evidence of compelling or compassionate grounds, for example letters from a doctor or hospital

You should write ‘expedite requests’ on the top of any documents you send with your application.

A judge will review your evidence and decide whether your application should be heard sooner than usual.

Your application will only be reviewed if you’ve paid your tribunal fee (if you need to pay one).

Where to send your application

Send your reasons for the urgent appeal and evidence to the tribunal.

Contact the tribunal to check if your application has been received.

If your EU Settlement Scheme, frontier worker or S2 healthcare visitor application is unsuccessful

You can apply again for the EU Settlement Scheme, Frontier Worker permit or S2 Healthcare Visitor visa for free if you have new evidence to submit.

Or you can ask the Home Office for an administrative review. This costs £80. You’ll usually get a decision within 28 days. Your decision letter will tell you if you can apply.

You can appeal to the First-tier Tribunal (Immigration and Asylum Chamber). This costs £80 without a hearing and £140 with a hearing.

You can only appeal a decision if you made your application after:

11pm on 31 January 2020, for the EU Settlement Scheme

10 December 2020, for a Frontier Worker permit

11pm on 31 December 2020, for a S2 Healthcare Visitor visa

Appeal from within the UK

You can only appeal to the tribunal if you have the legal right to appeal - you’ll usually be told if you do in your decision letter.

Talk to a solicitor or an immigration adviser if you’re not sure.

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

Your decision letter will usually tell you if you can apply for an administrative review if you do not have the right to appeal.

The administrative review process is different if you applied for the EU Settlement Scheme, a Frontier Worker permit, or an S2 Healthcare Visitor visa.

How to appeal

How you appeal depends on whether you’re applying for yourself or if you’re a legal professional appealing on behalf of a client.

If you’re a solicitor or an immigration adviser

For most cases, you must appeal online using the MyHMCTS service. You’ll need to create an account first if you do not have one.

You must only appeal using a paper form if your client is in detention or has been refused settled or pre-settled status under the EU Settlement Scheme.

If you’re appealing for yourself without a solicitor or immigration adviser

You have 14 days to appeal from the date the decision was sent.

If you apply after the deadline, you must explain why - the tribunal will decide if it can still hear your appeal.

You can appeal later if your administrative review was unsuccessful for a EU Settlement Scheme, frontier worker or S2 healthcare visitor application. Your administrative review decision will tell you how to appeal.

Apply online if you can - online appeals are quicker than post or fax appeals.

What you’re appealing | How you can appeal

A decision to refuse your human rights claim or protection claim while you’re in the UK | Online or by post or fax with form IAFT-5

A decision to revoke your protection status | Online or by post or fax with form IAFT-5

A decision to refuse you a residence document or deport you, under the Immigration (European Economic Area) Regulations 2016 | Online or by post or fax with form IAFT-5

A decision to refuse or revoke your status, vary the length or condition of your stay, or deport you under the EU Settlement Scheme | Online or by post or fax with form IAFT-5

A decision to refuse or revoke your family permit or travel permit under the EU Settlement Scheme | Online or by post or fax with form IAFT-5

A decision to refuse or revoke your permit, or deport you if you’re a frontier worker | Online or by post or fax with form IAFT-5

A decision to refuse or revoke your leave, or deport you if you’re on a S2 Healthcare Visitor visa | Online or by post or fax with form IAFT-5

A decision where you’ve been detained in an Immigration detention centre and your decision letter was sent by the Home Office | By post or fax with form IAFT-DIA

A decision where you’ve been detained in prison and your decision letter was sent by the Home Office. | Online or by post or fax with form IAFT-5

A decision to remove your British citizenship | Online or by post or fax with form IAFT-5

Certain decisions about applications submitted before 6 April 2015 | Online or by post or fax with the relevant form

If you’re appealing by post or fax, download and fill in the relevant form. Send or fax it with copies of the documents that support your appeal to the address on the form.

Ask for an oral hearing

You can ask on your appeal form for a decision to be made either:

just on the information in your appeal form and any documents supplied to the tribunal

at a hearing that you and your representative can attend

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 the tribunal does not hold a hearing, a judge will decide your case based on your appeal form and the documents.

Hearings are carried out in public. You can ask for it to be held in private or to attend by video link, but you must have a reason, for example a public hearing would put you in danger.

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.

Special requirements

Contact the Customer Enquiry Unit before your hearing if you need any special help, for example you need wheelchair access.

Fees

It costs:

£80 without a hearing

£140 with a hearing

You may not have to pay if you:

get asylum support

get legal aid

get services from your local council and you’re under 18

You can also get help with court fees if any of the following apply:

you have little or no savings

you’re on certain benefits

you have a low income

Read the tribunal fees guidance for more information.

Contact the tribunal if you’re unsure if you have to pay a fee.

How to pay

You can pay your fee with a credit or debit card when you make your appeal online or by including your details on your appeal form.

If you’ve already made your appeal you can also pay your fee online.

If your EU Settlement Scheme, frontier worker or S2 healthcare visitor application is unsuccessful

If you have new evidence to submit, you can:

apply for the EU Settlement Scheme

apply for a Frontier Worker permit

apply for a S2 Healthcare Visitor visa

It’s free to apply.

Or you can ask the Home Office for an administrative review. This costs £80. You’ll usually get a decision within 28 days. Your decision letter will tell you if you can apply.

You can appeal to the First-tier Tribunal (Immigration and Asylum Chamber). This costs £80 without a hearing and £140 with a hearing.

You can only appeal a decision if you made your application after:

11pm on 31 January 2020, for the EU Settlement Scheme

10 December 2020, for a Frontier Worker permit

11pm on 31 December 2020, for a S2 Healthcare Visitor visa

Appeal from outside the UK

You can only appeal to the tribunal if you have the legal right to appeal - you’ll usually be told if you do in your decision letter.

If you’ve been refused a tier 1, 2, 4 or 5 visa you will be able to ask for the decision to be reviewed at an administrative review - your refusal letter will usually tell you if you can.

The administrative review process is different if you applied for the EU Settlement Scheme, a Frontier Worker permit, or an S2 Healthcare Visitor visa.

Talk to a solicitor or an immigration adviser if you’re unsure whether you can appeal.

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

How to appeal

How you appeal depends on whether you’re applying for yourself or if you’re a legal professional appealing on behalf of a client.

If you’re a solicitor or an immigration adviser

For most cases, you must appeal online using the MyHMCTS service. You’ll need to create an account first if you do not have one.

You must only appeal using a paper form if your client is in detention or has been refused settled or pre-settled status under the EU Settlement Scheme.

If you’re appealing for yourself without a solicitor or immigration adviser

You have 28 days to appeal after you get your decision. If you have to leave the country before you’re allowed to appeal, you have 28 days to appeal once you’ve left the country.

If you apply after the deadline, you must explain why - the tribunal will decide if it can still hear your appeal.

Apply online if you can - online appeals are quicker than post or fax appeals.

What you’re appealing | How you can appeal

A decision to refuse a human rights claim for entry clearance | Online or by post or fax with form IAFT-6

A decision to refuse a human rights claim or protection claim (where you can only apply after you’ve left the country) | Online or by post or fax with form IAFT-7

A decision to refuse you a residence document or deport you, under the Immigration (European Economic Area) Regulations 2016 | Online or by post or fax with form IAFT-5

A decision to refuse or revoke your status, vary the length or condition of your stay, or deport you under the EU Settlement Scheme | Online or by post or fax with form IAFT-6

A decision to refuse or revoke your family permit or travel permit under the EU Settlement Scheme | Online or by post or fax with form IAFT-6

A decision to refuse or revoke your permit, or deport you if you’re a frontier worker | Online or by post or fax with form IAFT-5

A decision to refuse or revoke your leave, or deport you if you’re on a S2 Healthcare Visitor visa | Online or by post or fax with form IAFT-5

Certain decisions about applications submitted before 6 April 2015 | Online or by post or fax with the relevant form

If you’re appealing by post or fax, download and fill in the relevant form. Send or fax it with copies of the documents that support your appeal to the address on the form.

Ask for an oral hearing

You can ask on your appeal form for a decision to be made either:

just on the information in your appeal form and any documents supplied to the tribunal

at a hearing that your representatives can attend

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.

If the tribunal does not hold a hearing, a judge will decide your case based on your appeal form and documents.

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.

Special requirements

Contact the Customer Enquiry Unit before your hearing if any special help is needed, for example someone attending on your behalf needs wheelchair access.

Fees

It costs:

£80 without a hearing

£140 with a hearing

You may not have to pay if you get legal aid.

Read the tribunal fees guidance for more information.

Contact the tribunal if you’re not sure if you have to pay a fee.

How to pay

You can pay your fee with a credit or debit card when you make your appeal online or by including your details on your appeal form.

If you’ve already made your appeal you can also pay your fee online.

If your EU Settlement Scheme, frontier worker or S2 healthcare visitor application is unsuccessful

If you have new evidence to submit, you can:

apply for the EU Settlement Scheme

apply for a Frontier Worker permit

apply for a S2 Healthcare Visitor visa

It’s free to apply.

Or you can ask the Home Office for an administrative review. This costs £80. You’ll usually get a decision within 28 days. Your decision letter will tell you if you can apply.

You can appeal to the First-tier Tribunal (Immigration and Asylum Chamber). This costs £80 without a hearing and £140 with a hearing.

You can only appeal a decision if you made your application after:

11pm on 31 January 2020, for the EU Settlement Scheme

10 December 2020, for a Frontier Worker permit

11pm on 31 December 2020, for a S2 Healthcare Visitor visa

Applications made before 6 April 2015

You might be able to appeal against a decision made by the Home Office if you submitted your application before 6 April 2015 and it was refused.

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 do not have permission (‘leave’) to enter or remain in the UK.

Appeal online or by post or fax with:

form IAFT-1 if you’re in the UK

form IAFT-3 if you’ve left 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.

Appeal online or by post or fax with:

form IAFT-1 if you’re in the UK

form IAFT-3 if you’ve left 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 did not include refusing an asylum or human rights claim.

Leave to enter

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

You can also appeal by post or fax with:

form IAFT-1 if you’re in the UK

form IAFT-3 if you’ve left the UK

Vary your leave to enter or remain

You can appeal online 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 do not have permission (‘leave’) to enter or remain in the UK.

form IAFT-1 if you’re in the UK

form IAFT-3 if you’ve left the UK

Entry clearance

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

You can also appeal by post or fax with form IAFT-2.

Certificate of entitlement

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

form IAFT-1 if you’re in the UK

form IAFT-3 if you’ve left the UK

If there's a hearing

You’ll get a letter or email with details of how to attend your hearing. You may be asked to attend in person at a tribunal building, or asked to attend remotely by a video link or by phone.

If you’ll be attending remotely, the letter or email will tell you how to prepare for this.

You can check the daily courts lists on the day of your hearing to find out if anything has changed.

If you cannot 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 normally be attended by:

a judge, sometimes with other tribunal members

a clerk and other tribunal staff, to help run the hearing

your representative, if you have one

a Home Office ‘presenting officer’, who will argue the case for the Home Office

any witnesses called to give evidence

an interpreter, if you’ve asked for one

It can also normally be attended by:

your sponsor, if you have one

members of the public

the press or media

If your appeal cannot 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 rescheduled for another day.

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

Get a decision

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

The tribunal will either decide to:

allow your appeal - this does not 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.

Email the Home Office if you do not get your fee award after 60 days.

Include the following information:

your Home Office reference number

your appeal reference number

the date of the tribunal decision letter

If you lose your appeal

For example, you think the tribunal:

got the law wrong

do not apply the correct law

do not follow the correct procedures, which affected the decision

had no evidence to support its decision

Legislation and previous decisions

Read the rules the tribunal must follow and the guidance it’s issued.

All parties must follow the rules and process in the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014.

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 2016

The tribunal fees are set out in the First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011.

The president of the tribunal has issued guidance which provides more detail on certain issues.

There are also older guidance notes for the Asylum and Immigration Tribunal which still apply to the First-tier Tribunal (Immigration and Asylum Chamber).

Check the decisions database to see how previous decisions on appeals have been made by the Immigration and Asylum Chamber.

For example, you think the tribunal:

Overview

You can appeal to the First-tier Tribunal (Immigration and Asylum Chamber) if the Home Office has decided to:

refuse your protection claim (also known as ‘asylum claim’ or ‘humanitarian protection’)

revoke your protection status

refuse your human rights claim

refuse you a residence document or deport you under the Immigration (European Economic Area) Regulations 2016

revoke your British citizenship

refuse or revoke your status, vary the length or condition of your stay, or deport you under the EU Settlement Scheme

refuse or revoke your travel permit or family permit under the EU Settlement Scheme or restrict your rights to enter or leave the UK under those permits

refuse or revoke your permit, or deport you if you’re a frontier worker

refuse or revoke your leave, or deport you if you’re an S2 healthcare visitor

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

If you do not have the right to appeal, you might be able to ask the Home Office for an administrative review.

How to appeal

How you appeal depends on whether you’re applying for yourself or if you’re a legal professional appealing on behalf of a client.

If you’re a solicitor or an immigration adviser

For most cases, you must appeal online using the MyHMCTS service. You’ll need to create an account first if you do not have one.

You must only appeal using a paper form if your client is in detention or has been refused settled or pre-settled status under the EU Settlement Scheme.

If you’re appealing for yourself without a solicitor or immigration adviser

Find out how to appeal from:

within the UK

outside the UK

There’s a different way to appeal if you made your application before 6 April 2015.

Help you can get

You can get help and advice from a solicitor or an immigration adviser.

You can also contact Citizens Advice.

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

You may be able to get asylum support (such as housing and money) if you’ve been refused asylum.

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

Urgent appeal applications

You need to write to the tribunal with:

the reason why your case should be heard urgently

evidence of compelling or compassionate grounds, for example letters from a doctor or hospital

You should write ‘expedite requests’ on the top of any documents you send with your application.

A judge will review your evidence and decide whether your application should be heard sooner than usual.

Your application will only be reviewed if you’ve paid your tribunal fee (if you need to pay one).

Where to send your application

Send your reasons for the urgent appeal and evidence to the tribunal.

Contact the tribunal to check if your application has been received.

If your EU Settlement Scheme, frontier worker or S2 healthcare visitor application is unsuccessful

You can apply again for the EU Settlement Scheme, Frontier Worker permit or S2 Healthcare Visitor visa for free if you have new evidence to submit.

Or you can ask the Home Office for an administrative review. This costs £80. You’ll usually get a decision within 28 days. Your decision letter will tell you if you can apply.

You can appeal to the First-tier Tribunal (Immigration and Asylum Chamber). This costs £80 without a hearing and £140 with a hearing.

You can only appeal a decision if you made your application after:

11pm on 31 January 2020, for the EU Settlement Scheme

10 December 2020, for a Frontier Worker permit

11pm on 31 December 2020, for a S2 Healthcare Visitor visa

Appeal from within the UK

You can only appeal to the tribunal if you have the legal right to appeal - you’ll usually be told if you do in your decision letter.

Talk to a solicitor or an immigration adviser if you’re not sure.

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

Your decision letter will usually tell you if you can apply for an administrative review if you do not have the right to appeal.

The administrative review process is different if you applied for the EU Settlement Scheme, a Frontier Worker permit, or an S2 Healthcare Visitor visa.

How to appeal

How you appeal depends on whether you’re applying for yourself or if you’re a legal professional appealing on behalf of a client.

If you’re a solicitor or an immigration adviser

For most cases, you must appeal online using the MyHMCTS service. You’ll need to create an account first if you do not have one.

You must only appeal using a paper form if your client is in detention or has been refused settled or pre-settled status under the EU Settlement Scheme.

If you’re appealing for yourself without a solicitor or immigration adviser

You have 14 days to appeal from the date the decision was sent.

If you apply after the deadline, you must explain why - the tribunal will decide if it can still hear your appeal.

Apply online if you can - online appeals are quicker than post or fax appeals.

What you’re appealing | How you can appeal

A decision to refuse your human rights claim or protection claim while you’re in the UK | Online or by post or fax with form IAFT-5

A decision to revoke your protection status | Online or by post or fax with form IAFT-5

A decision to refuse you a residence document or deport you, under the Immigration (European Economic Area) Regulations 2016 | Online or by post or fax with form IAFT-5

A decision to refuse or revoke your status, vary the length or condition of your stay, or deport you under the EU Settlement Scheme | Online or by post or fax with form IAFT-5

A decision to refuse or revoke your family permit or travel permit under the EU Settlement Scheme | Online or by post or fax with form IAFT-5

A decision to refuse or revoke your permit, or deport you if you’re a frontier worker | Online or by post or fax with form IAFT-5

A decision to refuse or revoke your leave, or deport you if you’re on a S2 Healthcare Visitor visa | Online or by post or fax with form IAFT-5

A decision where you’ve been detained in an Immigration detention centre and your decision letter was sent by the Home Office | By post or fax with form IAFT-DIA

A decision where you’ve been detained in prison and your decision letter was sent by the Home Office. | Online or by post or fax with form IAFT-5

A decision to remove your British citizenship | Online or by post or fax with form IAFT-5

Certain decisions about applications submitted before 6 April 2015 | Online or by post or fax with the relevant form

If you’re appealing by post or fax, download and fill in the relevant form. Send or fax it with copies of the documents that support your appeal to the address on the form.

Ask for an oral hearing

You can ask on your appeal form for a decision to be made either:

just on the information in your appeal form and any documents supplied to the tribunal

at a hearing that you and your representative can attend

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 the tribunal does not hold a hearing, a judge will decide your case based on your appeal form and the documents.

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.

Special requirements

Contact the Customer Enquiry Unit before your hearing if you need any special help, for example you need wheelchair access.

Fees

It costs:

£80 without a hearing

£140 with a hearing

You may not have to pay if you:

get asylum support

get legal aid

get services from your local council and you’re under 18

You can also get help with court fees if any of the following apply:

you have little or no savings

you’re on certain benefits

you have a low income

Read the tribunal fees guidance for more information.

Contact the tribunal if you’re unsure if you have to pay a fee.

How to pay

You can pay your fee with a credit or debit card when you make your appeal online or by including your details on your appeal form.

If you’ve already made your appeal you can also pay your fee online.

If your EU Settlement Scheme, frontier worker or S2 healthcare visitor application is unsuccessful

If you have new evidence to submit, you can:

apply for the EU Settlement Scheme

apply for a Frontier Worker permit

apply for a S2 Healthcare Visitor visa

It’s free to apply.

Or you can ask the Home Office for an administrative review. This costs £80. You’ll usually get a decision within 28 days. Your decision letter will tell you if you can apply.

You can appeal to the First-tier Tribunal (Immigration and Asylum Chamber). This costs £80 without a hearing and £140 with a hearing.

You can only appeal a decision if you made your application after:

11pm on 31 January 2020, for the EU Settlement Scheme

10 December 2020, for a Frontier Worker permit

11pm on 31 December 2020, for a S2 Healthcare Visitor visa

Appeal from outside the UK

You can only appeal to the tribunal if you have the legal right to appeal - you’ll usually be told if you do in your decision letter.

The administrative review process is different if you applied for the EU Settlement Scheme, a Frontier Worker permit, or an S2 Healthcare Visitor visa.

Talk to a solicitor or an immigration adviser if you’re unsure whether you can appeal.

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

How to appeal

How you appeal depends on whether you’re applying for yourself or if you’re a legal professional appealing on behalf of a client.

If you’re a solicitor or an immigration adviser

For most cases, you must appeal online using the MyHMCTS service. You’ll need to create an account first if you do not have one.

You must only appeal using a paper form if your client is in detention or has been refused settled or pre-settled status under the EU Settlement Scheme.

If you’re appealing for yourself without a solicitor or immigration adviser

You have 28 days to appeal after you get your decision. If you have to leave the country before you’re allowed to appeal, you have 28 days to appeal once you’ve left the country.

If you apply after the deadline, you must explain why - the tribunal will decide if it can still hear your appeal.

Apply online if you can - online appeals are quicker than post or fax appeals.

What you’re appealing | How you can appeal

A decision to refuse a human rights claim for entry clearance | Online or by post or fax with form IAFT-6

A decision to refuse a human rights claim or protection claim (where you can only apply after you’ve left the country) | Online or by post or fax with form IAFT-7

A decision to refuse you a residence document or deport you, under the Immigration (European Economic Area) Regulations 2016 | Online or by post or fax with form IAFT-5

A decision to refuse or revoke your status, vary the length or condition of your stay, or deport you under the EU Settlement Scheme | Online or by post or fax with form IAFT-6

A decision to refuse or revoke your family permit or travel permit under the EU Settlement Scheme | Online or by post or fax with form IAFT-6

A decision to refuse or revoke your permit, or deport you if you’re a frontier worker | Online or by post or fax with form IAFT-5

A decision to refuse or revoke your leave, or deport you if you’re on a S2 Healthcare Visitor visa | Online or by post or fax with form IAFT-5

Certain decisions about applications submitted before 6 April 2015 | Online or by post or fax with the relevant form

If you’re appealing by post or fax, download and fill in the relevant form. Send or fax it with copies of the documents that support your appeal to the address on the form.

Ask for an oral hearing

You can ask on your appeal form for a decision to be made either:

just on the information in your appeal form and any documents supplied to the tribunal

at a hearing that your representatives can attend

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.

If the tribunal does not hold a hearing, a judge will decide your case based on your appeal form and documents.

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.

Special requirements

Contact the Customer Enquiry Unit before your hearing if any special help is needed, for example someone attending on your behalf needs wheelchair access.

Fees

It costs:

£80 without a hearing

£140 with a hearing

You may not have to pay if you get legal aid.

Read the tribunal fees guidance for more information.

Contact the tribunal if you’re not sure if you have to pay a fee.

How to pay

You can pay your fee with a credit or debit card when you make your appeal online or by including your details on your appeal form.

If you’ve already made your appeal you can also pay your fee online.

If your EU Settlement Scheme, frontier worker or S2 healthcare visitor application is unsuccessful

If you have new evidence to submit, you can:

apply for the EU Settlement Scheme

apply for a Frontier Worker permit

apply for a S2 Healthcare Visitor visa

It’s free to apply.

Or you can ask the Home Office for an administrative review. This costs £80. You’ll usually get a decision within 28 days. Your decision letter will tell you if you can apply.

You can appeal to the First-tier Tribunal (Immigration and Asylum Chamber). This costs £80 without a hearing and £140 with a hearing.

You can only appeal a decision if you made your application after:

11pm on 31 January 2020, for the EU Settlement Scheme

10 December 2020, for a Frontier Worker permit

11pm on 31 December 2020, for a S2 Healthcare Visitor visa

Applications made before 6 April 2015

You might be able to appeal against a decision made by the Home Office if you submitted your application before 6 April 2015 and it was refused.

Tier 1, 2 or 5 migrants and family members

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

Appeal online or by post or fax with:

form IAFT-1 if you’re in the UK

form IAFT-3 if you’ve left the UK

Tier 4 migrants and family members

Appeal online or by post or fax with:

form IAFT-1 if you’re in the UK

form IAFT-3 if you’ve left 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 did not include refusing an asylum or human rights claim.

Leave to enter

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

You can also appeal by post or fax with:

form IAFT-1 if you’re in the UK

form IAFT-3 if you’ve left the UK

Vary your leave to enter or remain

form IAFT-1 if you’re in the UK

form IAFT-3 if you’ve left the UK

Entry clearance

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

You can also appeal by post or fax with form IAFT-2.

Certificate of entitlement

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

form IAFT-1 if you’re in the UK

form IAFT-3 if you’ve left the UK

If there's a hearing

If you’ll be attending remotely, the letter or email will tell you how to prepare for this.

You can check the daily courts lists on the day of your hearing to find out if anything has changed.

If you cannot 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 normally be attended by:

a judge, sometimes with other tribunal members

a clerk and other tribunal staff, to help run the hearing

your representative, if you have one

a Home Office ‘presenting officer’, who will argue the case for the Home Office

any witnesses called to give evidence

an interpreter, if you’ve asked for one

It can also normally be attended by:

your sponsor, if you have one

members of the public

the press or media

If your appeal cannot 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 rescheduled for another day.

Get a decision

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

The tribunal will either decide to:

allow your appeal - this does not 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 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.

Email the Home Office if you do not get your fee award after 60 days.

Include the following information:

your Home Office reference number

your appeal reference number

the date of the tribunal decision letter

If you lose your appeal

For example, you think the tribunal:

got the law wrong

do not apply the correct law

do not follow the correct procedures, which affected the decision

had no evidence to support its decision

Legislation and previous decisions

Read the rules the tribunal must follow and the guidance it’s issued.

All parties must follow the rules and process in the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014.

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 2016

The tribunal fees are set out in the First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011.

The president of the tribunal has issued guidance which provides more detail on certain issues.

There are also older guidance notes for the Asylum and Immigration Tribunal which still apply to the First-tier Tribunal (Immigration and Asylum Chamber).

Check the decisions database to see how previous decisions on appeals have been made by the Immigration and Asylum Chamber.

got the law wrong

Overview

You can appeal to the First-tier Tribunal (Immigration and Asylum Chamber) if the Home Office has decided to:

refuse your protection claim (also known as ‘asylum claim’ or ‘humanitarian protection’)

revoke your protection status

refuse your human rights claim

refuse you a residence document or deport you under the Immigration (European Economic Area) Regulations 2016

revoke your British citizenship

refuse or revoke your status, vary the length or condition of your stay, or deport you under the EU Settlement Scheme

refuse or revoke your travel permit or family permit under the EU Settlement Scheme or restrict your rights to enter or leave the UK under those permits

refuse or revoke your permit, or deport you if you’re a frontier worker

refuse or revoke your leave, or deport you if you’re an S2 healthcare visitor

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

If you do not have the right to appeal, you might be able to ask the Home Office for an administrative review.

How to appeal

How you appeal depends on whether you’re applying for yourself or if you’re a legal professional appealing on behalf of a client.

If you’re a solicitor or an immigration adviser

For most cases, you must appeal online using the MyHMCTS service. You’ll need to create an account first if you do not have one.

You must only appeal using a paper form if your client is in detention or has been refused settled or pre-settled status under the EU Settlement Scheme.

If you’re appealing for yourself without a solicitor or immigration adviser

Find out how to appeal from:

within the UK

outside the UK

There’s a different way to appeal if you made your application before 6 April 2015.

Help you can get

You can get help and advice from a solicitor or an immigration adviser.

You can also contact Citizens Advice.

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

You may be able to get asylum support (such as housing and money) if you’ve been refused asylum.

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

Urgent appeal applications

You need to write to the tribunal with:

the reason why your case should be heard urgently

evidence of compelling or compassionate grounds, for example letters from a doctor or hospital

You should write ‘expedite requests’ on the top of any documents you send with your application.

A judge will review your evidence and decide whether your application should be heard sooner than usual.

Your application will only be reviewed if you’ve paid your tribunal fee (if you need to pay one).

Where to send your application

Send your reasons for the urgent appeal and evidence to the tribunal.

Contact the tribunal to check if your application has been received.

If your EU Settlement Scheme, frontier worker or S2 healthcare visitor application is unsuccessful

You can apply again for the EU Settlement Scheme, Frontier Worker permit or S2 Healthcare Visitor visa for free if you have new evidence to submit.

Or you can ask the Home Office for an administrative review. This costs £80. You’ll usually get a decision within 28 days. Your decision letter will tell you if you can apply.

You can appeal to the First-tier Tribunal (Immigration and Asylum Chamber). This costs £80 without a hearing and £140 with a hearing.

You can only appeal a decision if you made your application after:

11pm on 31 January 2020, for the EU Settlement Scheme

10 December 2020, for a Frontier Worker permit

11pm on 31 December 2020, for a S2 Healthcare Visitor visa

Appeal from within the UK

You can only appeal to the tribunal if you have the legal right to appeal - you’ll usually be told if you do in your decision letter.

Talk to a solicitor or an immigration adviser if you’re not sure.

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

Your decision letter will usually tell you if you can apply for an administrative review if you do not have the right to appeal.

The administrative review process is different if you applied for the EU Settlement Scheme, a Frontier Worker permit, or an S2 Healthcare Visitor visa.

How to appeal

How you appeal depends on whether you’re applying for yourself or if you’re a legal professional appealing on behalf of a client.

If you’re a solicitor or an immigration adviser

For most cases, you must appeal online using the MyHMCTS service. You’ll need to create an account first if you do not have one.

You must only appeal using a paper form if your client is in detention or has been refused settled or pre-settled status under the EU Settlement Scheme.

If you’re appealing for yourself without a solicitor or immigration adviser

You have 14 days to appeal from the date the decision was sent.

If you apply after the deadline, you must explain why - the tribunal will decide if it can still hear your appeal.

Apply online if you can - online appeals are quicker than post or fax appeals.

What you’re appealing | How you can appeal

A decision to refuse your human rights claim or protection claim while you’re in the UK | Online or by post or fax with form IAFT-5

A decision to revoke your protection status | Online or by post or fax with form IAFT-5

A decision to refuse you a residence document or deport you, under the Immigration (European Economic Area) Regulations 2016 | Online or by post or fax with form IAFT-5

A decision to refuse or revoke your status, vary the length or condition of your stay, or deport you under the EU Settlement Scheme | Online or by post or fax with form IAFT-5

A decision to refuse or revoke your family permit or travel permit under the EU Settlement Scheme | Online or by post or fax with form IAFT-5

A decision to refuse or revoke your permit, or deport you if you’re a frontier worker | Online or by post or fax with form IAFT-5

A decision to refuse or revoke your leave, or deport you if you’re on a S2 Healthcare Visitor visa | Online or by post or fax with form IAFT-5

A decision where you’ve been detained in an Immigration detention centre and your decision letter was sent by the Home Office | By post or fax with form IAFT-DIA

A decision where you’ve been detained in prison and your decision letter was sent by the Home Office. | Online or by post or fax with form IAFT-5

A decision to remove your British citizenship | Online or by post or fax with form IAFT-5

Certain decisions about applications submitted before 6 April 2015 | Online or by post or fax with the relevant form

If you’re appealing by post or fax, download and fill in the relevant form. Send or fax it with copies of the documents that support your appeal to the address on the form.

Ask for an oral hearing

You can ask on your appeal form for a decision to be made either:

just on the information in your appeal form and any documents supplied to the tribunal

at a hearing that you and your representative can attend

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 the tribunal does not hold a hearing, a judge will decide your case based on your appeal form and the documents.

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.

Special requirements

Contact the Customer Enquiry Unit before your hearing if you need any special help, for example you need wheelchair access.

Fees

It costs:

£80 without a hearing

£140 with a hearing

You may not have to pay if you:

get asylum support

get legal aid

get services from your local council and you’re under 18

You can also get help with court fees if any of the following apply:

you have little or no savings

you’re on certain benefits

you have a low income

Read the tribunal fees guidance for more information.

Contact the tribunal if you’re unsure if you have to pay a fee.

How to pay

You can pay your fee with a credit or debit card when you make your appeal online or by including your details on your appeal form.

If you’ve already made your appeal you can also pay your fee online.

If your EU Settlement Scheme, frontier worker or S2 healthcare visitor application is unsuccessful

If you have new evidence to submit, you can:

apply for the EU Settlement Scheme

apply for a Frontier Worker permit

apply for a S2 Healthcare Visitor visa

It’s free to apply.

Or you can ask the Home Office for an administrative review. This costs £80. You’ll usually get a decision within 28 days. Your decision letter will tell you if you can apply.

You can appeal to the First-tier Tribunal (Immigration and Asylum Chamber). This costs £80 without a hearing and £140 with a hearing.

You can only appeal a decision if you made your application after:

11pm on 31 January 2020, for the EU Settlement Scheme

10 December 2020, for a Frontier Worker permit

11pm on 31 December 2020, for a S2 Healthcare Visitor visa

Appeal from outside the UK

You can only appeal to the tribunal if you have the legal right to appeal - you’ll usually be told if you do in your decision letter.

The administrative review process is different if you applied for the EU Settlement Scheme, a Frontier Worker permit, or an S2 Healthcare Visitor visa.

Talk to a solicitor or an immigration adviser if you’re unsure whether you can appeal.

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

How to appeal

How you appeal depends on whether you’re applying for yourself or if you’re a legal professional appealing on behalf of a client.

If you’re a solicitor or an immigration adviser

For most cases, you must appeal online using the MyHMCTS service. You’ll need to create an account first if you do not have one.

You must only appeal using a paper form if your client is in detention or has been refused settled or pre-settled status under the EU Settlement Scheme.

If you’re appealing for yourself without a solicitor or immigration adviser

You have 28 days to appeal after you get your decision. If you have to leave the country before you’re allowed to appeal, you have 28 days to appeal once you’ve left the country.

If you apply after the deadline, you must explain why - the tribunal will decide if it can still hear your appeal.

Apply online if you can - online appeals are quicker than post or fax appeals.

What you’re appealing | How you can appeal

A decision to refuse a human rights claim for entry clearance | Online or by post or fax with form IAFT-6

A decision to refuse a human rights claim or protection claim (where you can only apply after you’ve left the country) | Online or by post or fax with form IAFT-7

A decision to refuse you a residence document or deport you, under the Immigration (European Economic Area) Regulations 2016 | Online or by post or fax with form IAFT-5

A decision to refuse or revoke your status, vary the length or condition of your stay, or deport you under the EU Settlement Scheme | Online or by post or fax with form IAFT-6

A decision to refuse or revoke your family permit or travel permit under the EU Settlement Scheme | Online or by post or fax with form IAFT-6

A decision to refuse or revoke your permit, or deport you if you’re a frontier worker | Online or by post or fax with form IAFT-5

A decision to refuse or revoke your leave, or deport you if you’re on a S2 Healthcare Visitor visa | Online or by post or fax with form IAFT-5

Certain decisions about applications submitted before 6 April 2015 | Online or by post or fax with the relevant form

If you’re appealing by post or fax, download and fill in the relevant form. Send or fax it with copies of the documents that support your appeal to the address on the form.

Ask for an oral hearing

You can ask on your appeal form for a decision to be made either:

just on the information in your appeal form and any documents supplied to the tribunal

at a hearing that your representatives can attend

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.

If the tribunal does not hold a hearing, a judge will decide your case based on your appeal form and documents.

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.

Special requirements

Contact the Customer Enquiry Unit before your hearing if any special help is needed, for example someone attending on your behalf needs wheelchair access.

Fees

It costs:

£80 without a hearing

£140 with a hearing

You may not have to pay if you get legal aid.

Read the tribunal fees guidance for more information.

Contact the tribunal if you’re not sure if you have to pay a fee.

How to pay

You can pay your fee with a credit or debit card when you make your appeal online or by including your details on your appeal form.

If you’ve already made your appeal you can also pay your fee online.

If your EU Settlement Scheme, frontier worker or S2 healthcare visitor application is unsuccessful

If you have new evidence to submit, you can:

apply for the EU Settlement Scheme

apply for a Frontier Worker permit

apply for a S2 Healthcare Visitor visa

It’s free to apply.

Or you can ask the Home Office for an administrative review. This costs £80. You’ll usually get a decision within 28 days. Your decision letter will tell you if you can apply.

You can appeal to the First-tier Tribunal (Immigration and Asylum Chamber). This costs £80 without a hearing and £140 with a hearing.

You can only appeal a decision if you made your application after:

11pm on 31 January 2020, for the EU Settlement Scheme

10 December 2020, for a Frontier Worker permit

11pm on 31 December 2020, for a S2 Healthcare Visitor visa

Applications made before 6 April 2015

You might be able to appeal against a decision made by the Home Office if you submitted your application before 6 April 2015 and it was refused.

Tier 1, 2 or 5 migrants and family members

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

Appeal online or by post or fax with:

form IAFT-1 if you’re in the UK

form IAFT-3 if you’ve left the UK

Tier 4 migrants and family members

Appeal online or by post or fax with:

form IAFT-1 if you’re in the UK

form IAFT-3 if you’ve left 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 did not include refusing an asylum or human rights claim.

Leave to enter

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

You can also appeal by post or fax with:

form IAFT-1 if you’re in the UK

form IAFT-3 if you’ve left the UK

Vary your leave to enter or remain

form IAFT-1 if you’re in the UK

form IAFT-3 if you’ve left the UK

Entry clearance

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

You can also appeal by post or fax with form IAFT-2.

Certificate of entitlement

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

form IAFT-1 if you’re in the UK

form IAFT-3 if you’ve left the UK

If there's a hearing

If you’ll be attending remotely, the letter or email will tell you how to prepare for this.

You can check the daily courts lists on the day of your hearing to find out if anything has changed.

If you cannot 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 normally be attended by:

a judge, sometimes with other tribunal members

a clerk and other tribunal staff, to help run the hearing

your representative, if you have one

a Home Office ‘presenting officer’, who will argue the case for the Home Office

any witnesses called to give evidence

an interpreter, if you’ve asked for one

It can also normally be attended by:

your sponsor, if you have one

members of the public

the press or media

If your appeal cannot 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 rescheduled for another day.

Get a decision

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

The tribunal will either decide to:

allow your appeal - this does not 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 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.

Email the Home Office if you do not get your fee award after 60 days.

Include the following information:

your Home Office reference number

your appeal reference number

the date of the tribunal decision letter

If you lose your appeal

For example, you think the tribunal:

got the law wrong

do not apply the correct law

do not follow the correct procedures, which affected the decision

had no evidence to support its decision

Legislation and previous decisions

Read the rules the tribunal must follow and the guidance it’s issued.

All parties must follow the rules and process in the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014.

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 2016

The tribunal fees are set out in the First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011.

The president of the tribunal has issued guidance which provides more detail on certain issues.

There are also older guidance notes for the Asylum and Immigration Tribunal which still apply to the First-tier Tribunal (Immigration and Asylum Chamber).

Check the decisions database to see how previous decisions on appeals have been made by the Immigration and Asylum Chamber.

do not apply the correct law

Overview

You can appeal to the First-tier Tribunal (Immigration and Asylum Chamber) if the Home Office has decided to:

refuse your protection claim (also known as ‘asylum claim’ or ‘humanitarian protection’)

revoke your protection status

refuse your human rights claim

refuse you a residence document or deport you under the Immigration (European Economic Area) Regulations 2016

revoke your British citizenship

refuse or revoke your status, vary the length or condition of your stay, or deport you under the EU Settlement Scheme

refuse or revoke your travel permit or family permit under the EU Settlement Scheme or restrict your rights to enter or leave the UK under those permits

refuse or revoke your permit, or deport you if you’re a frontier worker

refuse or revoke your leave, or deport you if you’re an S2 healthcare visitor

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

If you do not have the right to appeal, you might be able to ask the Home Office for an administrative review.

How to appeal

How you appeal depends on whether you’re applying for yourself or if you’re a legal professional appealing on behalf of a client.

If you’re a solicitor or an immigration adviser

For most cases, you must appeal online using the MyHMCTS service. You’ll need to create an account first if you do not have one.

You must only appeal using a paper form if your client is in detention or has been refused settled or pre-settled status under the EU Settlement Scheme.

If you’re appealing for yourself without a solicitor or immigration adviser

Find out how to appeal from:

within the UK

outside the UK

There’s a different way to appeal if you made your application before 6 April 2015.

Help you can get

You can get help and advice from a solicitor or an immigration adviser.

You can also contact Citizens Advice.

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

You may be able to get asylum support (such as housing and money) if you’ve been refused asylum.

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

Urgent appeal applications

You need to write to the tribunal with:

the reason why your case should be heard urgently

evidence of compelling or compassionate grounds, for example letters from a doctor or hospital

You should write ‘expedite requests’ on the top of any documents you send with your application.

A judge will review your evidence and decide whether your application should be heard sooner than usual.

Your application will only be reviewed if you’ve paid your tribunal fee (if you need to pay one).

Where to send your application

Send your reasons for the urgent appeal and evidence to the tribunal.

Contact the tribunal to check if your application has been received.

If your EU Settlement Scheme, frontier worker or S2 healthcare visitor application is unsuccessful

You can apply again for the EU Settlement Scheme, Frontier Worker permit or S2 Healthcare Visitor visa for free if you have new evidence to submit.

Or you can ask the Home Office for an administrative review. This costs £80. You’ll usually get a decision within 28 days. Your decision letter will tell you if you can apply.

You can appeal to the First-tier Tribunal (Immigration and Asylum Chamber). This costs £80 without a hearing and £140 with a hearing.

You can only appeal a decision if you made your application after:

11pm on 31 January 2020, for the EU Settlement Scheme

10 December 2020, for a Frontier Worker permit

11pm on 31 December 2020, for a S2 Healthcare Visitor visa

Appeal from within the UK

You can only appeal to the tribunal if you have the legal right to appeal - you’ll usually be told if you do in your decision letter.

Talk to a solicitor or an immigration adviser if you’re not sure.

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

Your decision letter will usually tell you if you can apply for an administrative review if you do not have the right to appeal.

The administrative review process is different if you applied for the EU Settlement Scheme, a Frontier Worker permit, or an S2 Healthcare Visitor visa.

How to appeal

How you appeal depends on whether you’re applying for yourself or if you’re a legal professional appealing on behalf of a client.

If you’re a solicitor or an immigration adviser

For most cases, you must appeal online using the MyHMCTS service. You’ll need to create an account first if you do not have one.

You must only appeal using a paper form if your client is in detention or has been refused settled or pre-settled status under the EU Settlement Scheme.

If you’re appealing for yourself without a solicitor or immigration adviser

You have 14 days to appeal from the date the decision was sent.

If you apply after the deadline, you must explain why - the tribunal will decide if it can still hear your appeal.

Apply online if you can - online appeals are quicker than post or fax appeals.

What you’re appealing | How you can appeal

A decision to refuse your human rights claim or protection claim while you’re in the UK | Online or by post or fax with form IAFT-5

A decision to revoke your protection status | Online or by post or fax with form IAFT-5

A decision to refuse you a residence document or deport you, under the Immigration (European Economic Area) Regulations 2016 | Online or by post or fax with form IAFT-5

A decision to refuse or revoke your status, vary the length or condition of your stay, or deport you under the EU Settlement Scheme | Online or by post or fax with form IAFT-5

A decision to refuse or revoke your family permit or travel permit under the EU Settlement Scheme | Online or by post or fax with form IAFT-5

A decision to refuse or revoke your permit, or deport you if you’re a frontier worker | Online or by post or fax with form IAFT-5

A decision to refuse or revoke your leave, or deport you if you’re on a S2 Healthcare Visitor visa | Online or by post or fax with form IAFT-5

A decision where you’ve been detained in an Immigration detention centre and your decision letter was sent by the Home Office | By post or fax with form IAFT-DIA

A decision where you’ve been detained in prison and your decision letter was sent by the Home Office. | Online or by post or fax with form IAFT-5

A decision to remove your British citizenship | Online or by post or fax with form IAFT-5

Certain decisions about applications submitted before 6 April 2015 | Online or by post or fax with the relevant form

If you’re appealing by post or fax, download and fill in the relevant form. Send or fax it with copies of the documents that support your appeal to the address on the form.

Ask for an oral hearing

You can ask on your appeal form for a decision to be made either:

just on the information in your appeal form and any documents supplied to the tribunal

at a hearing that you and your representative can attend

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 the tribunal does not hold a hearing, a judge will decide your case based on your appeal form and the documents.

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.

Special requirements

Contact the Customer Enquiry Unit before your hearing if you need any special help, for example you need wheelchair access.

Fees

It costs:

£80 without a hearing

£140 with a hearing

You may not have to pay if you:

get asylum support

get legal aid

get services from your local council and you’re under 18

You can also get help with court fees if any of the following apply:

you have little or no savings

you’re on certain benefits

you have a low income

Read the tribunal fees guidance for more information.

Contact the tribunal if you’re unsure if you have to pay a fee.

How to pay

You can pay your fee with a credit or debit card when you make your appeal online or by including your details on your appeal form.

If you’ve already made your appeal you can also pay your fee online.

If your EU Settlement Scheme, frontier worker or S2 healthcare visitor application is unsuccessful

If you have new evidence to submit, you can:

apply for the EU Settlement Scheme

apply for a Frontier Worker permit

apply for a S2 Healthcare Visitor visa

It’s free to apply.

Or you can ask the Home Office for an administrative review. This costs £80. You’ll usually get a decision within 28 days. Your decision letter will tell you if you can apply.

You can appeal to the First-tier Tribunal (Immigration and Asylum Chamber). This costs £80 without a hearing and £140 with a hearing.

You can only appeal a decision if you made your application after:

11pm on 31 January 2020, for the EU Settlement Scheme

10 December 2020, for a Frontier Worker permit

11pm on 31 December 2020, for a S2 Healthcare Visitor visa

Appeal from outside the UK

You can only appeal to the tribunal if you have the legal right to appeal - you’ll usually be told if you do in your decision letter.

The administrative review process is different if you applied for the EU Settlement Scheme, a Frontier Worker permit, or an S2 Healthcare Visitor visa.

Talk to a solicitor or an immigration adviser if you’re unsure whether you can appeal.

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

How to appeal

How you appeal depends on whether you’re applying for yourself or if you’re a legal professional appealing on behalf of a client.

If you’re a solicitor or an immigration adviser

For most cases, you must appeal online using the MyHMCTS service. You’ll need to create an account first if you do not have one.

You must only appeal using a paper form if your client is in detention or has been refused settled or pre-settled status under the EU Settlement Scheme.

If you’re appealing for yourself without a solicitor or immigration adviser

You have 28 days to appeal after you get your decision. If you have to leave the country before you’re allowed to appeal, you have 28 days to appeal once you’ve left the country.

If you apply after the deadline, you must explain why - the tribunal will decide if it can still hear your appeal.

Apply online if you can - online appeals are quicker than post or fax appeals.

What you’re appealing | How you can appeal

A decision to refuse a human rights claim for entry clearance | Online or by post or fax with form IAFT-6

A decision to refuse a human rights claim or protection claim (where you can only apply after you’ve left the country) | Online or by post or fax with form IAFT-7

A decision to refuse you a residence document or deport you, under the Immigration (European Economic Area) Regulations 2016 | Online or by post or fax with form IAFT-5

A decision to refuse or revoke your status, vary the length or condition of your stay, or deport you under the EU Settlement Scheme | Online or by post or fax with form IAFT-6

A decision to refuse or revoke your family permit or travel permit under the EU Settlement Scheme | Online or by post or fax with form IAFT-6

A decision to refuse or revoke your permit, or deport you if you’re a frontier worker | Online or by post or fax with form IAFT-5

A decision to refuse or revoke your leave, or deport you if you’re on a S2 Healthcare Visitor visa | Online or by post or fax with form IAFT-5

Certain decisions about applications submitted before 6 April 2015 | Online or by post or fax with the relevant form

If you’re appealing by post or fax, download and fill in the relevant form. Send or fax it with copies of the documents that support your appeal to the address on the form.

Ask for an oral hearing

You can ask on your appeal form for a decision to be made either:

just on the information in your appeal form and any documents supplied to the tribunal

at a hearing that your representatives can attend

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.

If the tribunal does not hold a hearing, a judge will decide your case based on your appeal form and documents.

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.

Special requirements

Contact the Customer Enquiry Unit before your hearing if any special help is needed, for example someone attending on your behalf needs wheelchair access.

Fees

It costs:

£80 without a hearing

£140 with a hearing

You may not have to pay if you get legal aid.

Read the tribunal fees guidance for more information.

Contact the tribunal if you’re not sure if you have to pay a fee.

How to pay

You can pay your fee with a credit or debit card when you make your appeal online or by including your details on your appeal form.

If you’ve already made your appeal you can also pay your fee online.

If your EU Settlement Scheme, frontier worker or S2 healthcare visitor application is unsuccessful

If you have new evidence to submit, you can:

apply for the EU Settlement Scheme

apply for a Frontier Worker permit

apply for a S2 Healthcare Visitor visa

It’s free to apply.

Or you can ask the Home Office for an administrative review. This costs £80. You’ll usually get a decision within 28 days. Your decision letter will tell you if you can apply.

You can appeal to the First-tier Tribunal (Immigration and Asylum Chamber). This costs £80 without a hearing and £140 with a hearing.

You can only appeal a decision if you made your application after:

11pm on 31 January 2020, for the EU Settlement Scheme

10 December 2020, for a Frontier Worker permit

11pm on 31 December 2020, for a S2 Healthcare Visitor visa

Applications made before 6 April 2015

You might be able to appeal against a decision made by the Home Office if you submitted your application before 6 April 2015 and it was refused.

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 do not have permission (‘leave’) to enter or remain in the UK.

Appeal online or by post or fax with:

form IAFT-1 if you’re in the UK

form IAFT-3 if you’ve left 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.

Appeal online or by post or fax with:

form IAFT-1 if you’re in the UK

form IAFT-3 if you’ve left 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 did not include refusing an asylum or human rights claim.

Leave to enter

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

You can also appeal by post or fax with:

form IAFT-1 if you’re in the UK

form IAFT-3 if you’ve left the UK

Vary your leave to enter or remain

form IAFT-1 if you’re in the UK

form IAFT-3 if you’ve left the UK

Entry clearance

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

You can also appeal by post or fax with form IAFT-2.

Certificate of entitlement

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

form IAFT-1 if you’re in the UK

form IAFT-3 if you’ve left the UK

If there's a hearing

If you’ll be attending remotely, the letter or email will tell you how to prepare for this.

You can check the daily courts lists on the day of your hearing to find out if anything has changed.

If you cannot 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 normally be attended by:

a judge, sometimes with other tribunal members

a clerk and other tribunal staff, to help run the hearing

your representative, if you have one

a Home Office ‘presenting officer’, who will argue the case for the Home Office

any witnesses called to give evidence

an interpreter, if you’ve asked for one

It can also normally be attended by:

your sponsor, if you have one

members of the public

the press or media

If your appeal cannot 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 rescheduled for another day.

Get a decision

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

The tribunal will either decide to:

allow your appeal - this does not 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 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.

Email the Home Office if you do not get your fee award after 60 days.

Include the following information:

your Home Office reference number

your appeal reference number

the date of the tribunal decision letter

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

do not apply the correct law

do not follow the correct procedures, which affected the decision

had no evidence to support its decision

Legislation and previous decisions

Read the rules the tribunal must follow and the guidance it’s issued.

All parties must follow the rules and process in the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014.

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 2016

The tribunal fees are set out in the First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011.

The president of the tribunal has issued guidance which provides more detail on certain issues.

There are also older guidance notes for the Asylum and Immigration Tribunal which still apply to the First-tier Tribunal (Immigration and Asylum Chamber).

Check the decisions database to see how previous decisions on appeals have been made by the Immigration and Asylum Chamber.

Overview

You can appeal to the First-tier Tribunal (Immigration and Asylum Chamber) if the Home Office has decided to:

refuse your protection claim (also known as ‘asylum claim’ or ‘humanitarian protection’)

revoke your protection status

refuse your human rights claim

refuse you a residence document or deport you under the Immigration (European Economic Area) Regulations 2016

revoke your British citizenship

refuse or revoke your status, vary the length or condition of your stay, or deport you under the EU Settlement Scheme

refuse or revoke your travel permit or family permit under the EU Settlement Scheme or restrict your rights to enter or leave the UK under those permits

refuse or revoke your permit, or deport you if you’re a frontier worker

refuse or revoke your leave, or deport you if you’re an S2 healthcare visitor

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

If you do not have the right to appeal, you might be able to ask the Home Office for an administrative review.

How to appeal

How you appeal depends on whether you’re applying for yourself or if you’re a legal professional appealing on behalf of a client.

If you’re a solicitor or an immigration adviser

For most cases, you must appeal online using the MyHMCTS service. You’ll need to create an account first if you do not have one.

You must only appeal using a paper form if your client is in detention or has been refused settled or pre-settled status under the EU Settlement Scheme.

If you’re appealing for yourself without a solicitor or immigration adviser

Find out how to appeal from:

within the UK

outside the UK

There’s a different way to appeal if you made your application before 6 April 2015.

Help you can get

You can get help and advice from a solicitor or an immigration adviser.

You can also contact Citizens Advice.

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

You may be able to get asylum support (such as housing and money) if you’ve been refused asylum.

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

Urgent appeal applications

You need to write to the tribunal with:

the reason why your case should be heard urgently

evidence of compelling or compassionate grounds, for example letters from a doctor or hospital

You should write ‘expedite requests’ on the top of any documents you send with your application.

A judge will review your evidence and decide whether your application should be heard sooner than usual.

Your application will only be reviewed if you’ve paid your tribunal fee (if you need to pay one).

Where to send your application

Send your reasons for the urgent appeal and evidence to the tribunal.

Contact the tribunal to check if your application has been received.

If your EU Settlement Scheme, frontier worker or S2 healthcare visitor application is unsuccessful

You can apply again for the EU Settlement Scheme, Frontier Worker permit or S2 Healthcare Visitor visa for free if you have new evidence to submit.

Or you can ask the Home Office for an administrative review. This costs £80. You’ll usually get a decision within 28 days. Your decision letter will tell you if you can apply.

You can appeal to the First-tier Tribunal (Immigration and Asylum Chamber). This costs £80 without a hearing and £140 with a hearing.

You can only appeal a decision if you made your application after:

11pm on 31 January 2020, for the EU Settlement Scheme

10 December 2020, for a Frontier Worker permit

11pm on 31 December 2020, for a S2 Healthcare Visitor visa

Appeal from within the UK

You can only appeal to the tribunal if you have the legal right to appeal - you’ll usually be told if you do in your decision letter.

Talk to a solicitor or an immigration adviser if you’re not sure.

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

Your decision letter will usually tell you if you can apply for an administrative review if you do not have the right to appeal.

The administrative review process is different if you applied for the EU Settlement Scheme, a Frontier Worker permit, or an S2 Healthcare Visitor visa.

How to appeal

How you appeal depends on whether you’re applying for yourself or if you’re a legal professional appealing on behalf of a client.

If you’re a solicitor or an immigration adviser

For most cases, you must appeal online using the MyHMCTS service. You’ll need to create an account first if you do not have one.

You must only appeal using a paper form if your client is in detention or has been refused settled or pre-settled status under the EU Settlement Scheme.

If you’re appealing for yourself without a solicitor or immigration adviser

You have 14 days to appeal from the date the decision was sent.

If you apply after the deadline, you must explain why - the tribunal will decide if it can still hear your appeal.

Apply online if you can - online appeals are quicker than post or fax appeals.

What you’re appealing | How you can appeal

A decision to refuse your human rights claim or protection claim while you’re in the UK | Online or by post or fax with form IAFT-5

A decision to revoke your protection status | Online or by post or fax with form IAFT-5

A decision to refuse you a residence document or deport you, under the Immigration (European Economic Area) Regulations 2016 | Online or by post or fax with form IAFT-5

A decision to refuse or revoke your status, vary the length or condition of your stay, or deport you under the EU Settlement Scheme | Online or by post or fax with form IAFT-5

A decision to refuse or revoke your family permit or travel permit under the EU Settlement Scheme | Online or by post or fax with form IAFT-5

A decision to refuse or revoke your permit, or deport you if you’re a frontier worker | Online or by post or fax with form IAFT-5

A decision to refuse or revoke your leave, or deport you if you’re on a S2 Healthcare Visitor visa | Online or by post or fax with form IAFT-5

A decision where you’ve been detained in an Immigration detention centre and your decision letter was sent by the Home Office | By post or fax with form IAFT-DIA

A decision where you’ve been detained in prison and your decision letter was sent by the Home Office. | Online or by post or fax with form IAFT-5

A decision to remove your British citizenship | Online or by post or fax with form IAFT-5

Certain decisions about applications submitted before 6 April 2015 | Online or by post or fax with the relevant form

If you’re appealing by post or fax, download and fill in the relevant form. Send or fax it with copies of the documents that support your appeal to the address on the form.

Ask for an oral hearing

You can ask on your appeal form for a decision to be made either:

just on the information in your appeal form and any documents supplied to the tribunal

at a hearing that you and your representative can attend

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 the tribunal does not hold a hearing, a judge will decide your case based on your appeal form and the documents.

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.

Special requirements

Contact the Customer Enquiry Unit before your hearing if you need any special help, for example you need wheelchair access.

Fees

It costs:

£80 without a hearing

£140 with a hearing

You may not have to pay if you:

get asylum support

get legal aid

get services from your local council and you’re under 18

You can also get help with court fees if any of the following apply:

you have little or no savings

you’re on certain benefits

you have a low income

Read the tribunal fees guidance for more information.

Contact the tribunal if you’re unsure if you have to pay a fee.

How to pay

You can pay your fee with a credit or debit card when you make your appeal online or by including your details on your appeal form.

If you’ve already made your appeal you can also pay your fee online.

If your EU Settlement Scheme, frontier worker or S2 healthcare visitor application is unsuccessful

If you have new evidence to submit, you can:

apply for the EU Settlement Scheme

apply for a Frontier Worker permit

apply for a S2 Healthcare Visitor visa

It’s free to apply.

Or you can ask the Home Office for an administrative review. This costs £80. You’ll usually get a decision within 28 days. Your decision letter will tell you if you can apply.

You can appeal to the First-tier Tribunal (Immigration and Asylum Chamber). This costs £80 without a hearing and £140 with a hearing.

You can only appeal a decision if you made your application after:

11pm on 31 January 2020, for the EU Settlement Scheme

10 December 2020, for a Frontier Worker permit

11pm on 31 December 2020, for a S2 Healthcare Visitor visa

Appeal from outside the UK

You can only appeal to the tribunal if you have the legal right to appeal - you’ll usually be told if you do in your decision letter.

The administrative review process is different if you applied for the EU Settlement Scheme, a Frontier Worker permit, or an S2 Healthcare Visitor visa.

Talk to a solicitor or an immigration adviser if you’re unsure whether you can appeal.

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

How to appeal

How you appeal depends on whether you’re applying for yourself or if you’re a legal professional appealing on behalf of a client.

If you’re a solicitor or an immigration adviser

For most cases, you must appeal online using the MyHMCTS service. You’ll need to create an account first if you do not have one.

You must only appeal using a paper form if your client is in detention or has been refused settled or pre-settled status under the EU Settlement Scheme.

If you’re appealing for yourself without a solicitor or immigration adviser

You have 28 days to appeal after you get your decision. If you have to leave the country before you’re allowed to appeal, you have 28 days to appeal once you’ve left the country.

If you apply after the deadline, you must explain why - the tribunal will decide if it can still hear your appeal.

Apply online if you can - online appeals are quicker than post or fax appeals.

What you’re appealing | How you can appeal

A decision to refuse a human rights claim for entry clearance | Online or by post or fax with form IAFT-6

A decision to refuse a human rights claim or protection claim (where you can only apply after you’ve left the country) | Online or by post or fax with form IAFT-7

A decision to refuse you a residence document or deport you, under the Immigration (European Economic Area) Regulations 2016 | Online or by post or fax with form IAFT-5

A decision to refuse or revoke your status, vary the length or condition of your stay, or deport you under the EU Settlement Scheme | Online or by post or fax with form IAFT-6

A decision to refuse or revoke your family permit or travel permit under the EU Settlement Scheme | Online or by post or fax with form IAFT-6

A decision to refuse or revoke your permit, or deport you if you’re a frontier worker | Online or by post or fax with form IAFT-5

A decision to refuse or revoke your leave, or deport you if you’re on a S2 Healthcare Visitor visa | Online or by post or fax with form IAFT-5

Certain decisions about applications submitted before 6 April 2015 | Online or by post or fax with the relevant form

If you’re appealing by post or fax, download and fill in the relevant form. Send or fax it with copies of the documents that support your appeal to the address on the form.

Ask for an oral hearing

You can ask on your appeal form for a decision to be made either:

just on the information in your appeal form and any documents supplied to the tribunal

at a hearing that your representatives can attend

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.

If the tribunal does not hold a hearing, a judge will decide your case based on your appeal form and documents.

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.

Special requirements

Contact the Customer Enquiry Unit before your hearing if any special help is needed, for example someone attending on your behalf needs wheelchair access.

Fees

It costs:

£80 without a hearing

£140 with a hearing

You may not have to pay if you get legal aid.

Read the tribunal fees guidance for more information.

Contact the tribunal if you’re not sure if you have to pay a fee.

How to pay

You can pay your fee with a credit or debit card when you make your appeal online or by including your details on your appeal form.

If you’ve already made your appeal you can also pay your fee online.

If your EU Settlement Scheme, frontier worker or S2 healthcare visitor application is unsuccessful

If you have new evidence to submit, you can:

apply for the EU Settlement Scheme

apply for a Frontier Worker permit

apply for a S2 Healthcare Visitor visa

It’s free to apply.

Or you can ask the Home Office for an administrative review. This costs £80. You’ll usually get a decision within 28 days. Your decision letter will tell you if you can apply.

You can appeal to the First-tier Tribunal (Immigration and Asylum Chamber). This costs £80 without a hearing and £140 with a hearing.

You can only appeal a decision if you made your application after:

11pm on 31 January 2020, for the EU Settlement Scheme

10 December 2020, for a Frontier Worker permit

11pm on 31 December 2020, for a S2 Healthcare Visitor visa

Applications made before 6 April 2015

You might be able to appeal against a decision made by the Home Office if you submitted your application before 6 April 2015 and it was refused.

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 do not have permission (‘leave’) to enter or remain in the UK.

Appeal online or by post or fax with:

form IAFT-1 if you’re in the UK

form IAFT-3 if you’ve left 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.

Appeal online or by post or fax with:

form IAFT-1 if you’re in the UK

form IAFT-3 if you’ve left 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 did not include refusing an asylum or human rights claim.

Leave to enter

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

You can also appeal by post or fax with:

form IAFT-1 if you’re in the UK

form IAFT-3 if you’ve left the UK

Vary your leave to enter or remain

form IAFT-1 if you’re in the UK

form IAFT-3 if you’ve left the UK

Entry clearance

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

You can also appeal by post or fax with form IAFT-2.

Certificate of entitlement

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

form IAFT-1 if you’re in the UK

form IAFT-3 if you’ve left the UK

If there's a hearing

If you’ll be attending remotely, the letter or email will tell you how to prepare for this.

You can check the daily courts lists on the day of your hearing to find out if anything has changed.

If you cannot 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 normally be attended by:

a judge, sometimes with other tribunal members

a clerk and other tribunal staff, to help run the hearing

your representative, if you have one

a Home Office ‘presenting officer’, who will argue the case for the Home Office

any witnesses called to give evidence

an interpreter, if you’ve asked for one

It can also normally be attended by:

your sponsor, if you have one

members of the public

the press or media

If your appeal cannot 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 rescheduled for another day.

Get a decision

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

The tribunal will either decide to:

allow your appeal - this does not 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 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.

Email the Home Office if you do not get your fee award after 60 days.

Include the following information:

your Home Office reference number

your appeal reference number

the date of the tribunal decision letter

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

do not apply the correct law

do not follow the correct procedures, which affected the decision

had no evidence to support its decision

Legislation and previous decisions

Read the rules the tribunal must follow and the guidance it’s issued.

All parties must follow the rules and process in the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014.

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 2016

The tribunal fees are set out in the First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011.

The president of the tribunal has issued guidance which provides more detail on certain issues.

There are also older guidance notes for the Asylum and Immigration Tribunal which still apply to the First-tier Tribunal (Immigration and Asylum Chamber).

Check the decisions database to see how previous decisions on appeals have been made by the Immigration and Asylum Chamber.

had no evidence to support its decision

Overview

You can appeal to the First-tier Tribunal (Immigration and Asylum Chamber) if the Home Office has decided to:

refuse your protection claim (also known as ‘asylum claim’ or ‘humanitarian protection’)

revoke your protection status

refuse your human rights claim

refuse you a residence document or deport you under the Immigration (European Economic Area) Regulations 2016

revoke your British citizenship

refuse or revoke your status, vary the length or condition of your stay, or deport you under the EU Settlement Scheme

refuse or revoke your travel permit or family permit under the EU Settlement Scheme or restrict your rights to enter or leave the UK under those permits

refuse or revoke your permit, or deport you if you’re a frontier worker

refuse or revoke your leave, or deport you if you’re an S2 healthcare visitor

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

If you do not have the right to appeal, you might be able to ask the Home Office for an administrative review.

How to appeal

How you appeal depends on whether you’re applying for yourself or if you’re a legal professional appealing on behalf of a client.

If you’re a solicitor or an immigration adviser

For most cases, you must appeal online using the MyHMCTS service. You’ll need to create an account first if you do not have one.

You must only appeal using a paper form if your client is in detention or has been refused settled or pre-settled status under the EU Settlement Scheme.

If you’re appealing for yourself without a solicitor or immigration adviser

Find out how to appeal from:

within the UK

outside the UK

There’s a different way to appeal if you made your application before 6 April 2015.

Help you can get

You can get help and advice from a solicitor or an immigration adviser.

You can also contact Citizens Advice.

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

You may be able to get asylum support (such as housing and money) if you’ve been refused asylum.

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

Urgent appeal applications

You need to write to the tribunal with:

the reason why your case should be heard urgently

evidence of compelling or compassionate grounds, for example letters from a doctor or hospital

You should write ‘expedite requests’ on the top of any documents you send with your application.

A judge will review your evidence and decide whether your application should be heard sooner than usual.

Your application will only be reviewed if you’ve paid your tribunal fee (if you need to pay one).

Where to send your application

Send your reasons for the urgent appeal and evidence to the tribunal.

Contact the tribunal to check if your application has been received.

If your EU Settlement Scheme, frontier worker or S2 healthcare visitor application is unsuccessful

You can apply again for the EU Settlement Scheme, Frontier Worker permit or S2 Healthcare Visitor visa for free if you have new evidence to submit.

Or you can ask the Home Office for an administrative review. This costs £80. You’ll usually get a decision within 28 days. Your decision letter will tell you if you can apply.

You can appeal to the First-tier Tribunal (Immigration and Asylum Chamber). This costs £80 without a hearing and £140 with a hearing.

You can only appeal a decision if you made your application after:

11pm on 31 January 2020, for the EU Settlement Scheme

10 December 2020, for a Frontier Worker permit

11pm on 31 December 2020, for a S2 Healthcare Visitor visa

Appeal from within the UK

You can only appeal to the tribunal if you have the legal right to appeal - you’ll usually be told if you do in your decision letter.

Talk to a solicitor or an immigration adviser if you’re not sure.

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

Your decision letter will usually tell you if you can apply for an administrative review if you do not have the right to appeal.

The administrative review process is different if you applied for the EU Settlement Scheme, a Frontier Worker permit, or an S2 Healthcare Visitor visa.

How to appeal

How you appeal depends on whether you’re applying for yourself or if you’re a legal professional appealing on behalf of a client.

If you’re a solicitor or an immigration adviser

For most cases, you must appeal online using the MyHMCTS service. You’ll need to create an account first if you do not have one.

You must only appeal using a paper form if your client is in detention or has been refused settled or pre-settled status under the EU Settlement Scheme.

If you’re appealing for yourself without a solicitor or immigration adviser

You have 14 days to appeal from the date the decision was sent.

If you apply after the deadline, you must explain why - the tribunal will decide if it can still hear your appeal.

Apply online if you can - online appeals are quicker than post or fax appeals.

What you’re appealing | How you can appeal

A decision to refuse your human rights claim or protection claim while you’re in the UK | Online or by post or fax with form IAFT-5

A decision to revoke your protection status | Online or by post or fax with form IAFT-5

A decision to refuse you a residence document or deport you, under the Immigration (European Economic Area) Regulations 2016 | Online or by post or fax with form IAFT-5

A decision to refuse or revoke your status, vary the length or condition of your stay, or deport you under the EU Settlement Scheme | Online or by post or fax with form IAFT-5

A decision to refuse or revoke your family permit or travel permit under the EU Settlement Scheme | Online or by post or fax with form IAFT-5

A decision to refuse or revoke your permit, or deport you if you’re a frontier worker | Online or by post or fax with form IAFT-5

A decision to refuse or revoke your leave, or deport you if you’re on a S2 Healthcare Visitor visa | Online or by post or fax with form IAFT-5

A decision where you’ve been detained in an Immigration detention centre and your decision letter was sent by the Home Office | By post or fax with form IAFT-DIA

A decision where you’ve been detained in prison and your decision letter was sent by the Home Office. | Online or by post or fax with form IAFT-5

A decision to remove your British citizenship | Online or by post or fax with form IAFT-5

Certain decisions about applications submitted before 6 April 2015 | Online or by post or fax with the relevant form

If you’re appealing by post or fax, download and fill in the relevant form. Send or fax it with copies of the documents that support your appeal to the address on the form.

Ask for an oral hearing

You can ask on your appeal form for a decision to be made either:

just on the information in your appeal form and any documents supplied to the tribunal

at a hearing that you and your representative can attend

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 the tribunal does not hold a hearing, a judge will decide your case based on your appeal form and the documents.

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.

Special requirements

Contact the Customer Enquiry Unit before your hearing if you need any special help, for example you need wheelchair access.

Fees

It costs:

£80 without a hearing

£140 with a hearing

You may not have to pay if you:

get asylum support

get legal aid

get services from your local council and you’re under 18

You can also get help with court fees if any of the following apply:

you have little or no savings

you’re on certain benefits

you have a low income

Read the tribunal fees guidance for more information.

Contact the tribunal if you’re unsure if you have to pay a fee.

How to pay

You can pay your fee with a credit or debit card when you make your appeal online or by including your details on your appeal form.

If you’ve already made your appeal you can also pay your fee online.

If your EU Settlement Scheme, frontier worker or S2 healthcare visitor application is unsuccessful

If you have new evidence to submit, you can:

apply for the EU Settlement Scheme

apply for a Frontier Worker permit

apply for a S2 Healthcare Visitor visa

It’s free to apply.

Or you can ask the Home Office for an administrative review. This costs £80. You’ll usually get a decision within 28 days. Your decision letter will tell you if you can apply.

You can appeal to the First-tier Tribunal (Immigration and Asylum Chamber). This costs £80 without a hearing and £140 with a hearing.

You can only appeal a decision if you made your application after:

11pm on 31 January 2020, for the EU Settlement Scheme

10 December 2020, for a Frontier Worker permit

11pm on 31 December 2020, for a S2 Healthcare Visitor visa

Appeal from outside the UK

You can only appeal to the tribunal if you have the legal right to appeal - you’ll usually be told if you do in your decision letter.

The administrative review process is different if you applied for the EU Settlement Scheme, a Frontier Worker permit, or an S2 Healthcare Visitor visa.

Talk to a solicitor or an immigration adviser if you’re unsure whether you can appeal.

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

How to appeal

How you appeal depends on whether you’re applying for yourself or if you’re a legal professional appealing on behalf of a client.

If you’re a solicitor or an immigration adviser

For most cases, you must appeal online using the MyHMCTS service. You’ll need to create an account first if you do not have one.

You must only appeal using a paper form if your client is in detention or has been refused settled or pre-settled status under the EU Settlement Scheme.

If you’re appealing for yourself without a solicitor or immigration adviser

You have 28 days to appeal after you get your decision. If you have to leave the country before you’re allowed to appeal, you have 28 days to appeal once you’ve left the country.

If you apply after the deadline, you must explain why - the tribunal will decide if it can still hear your appeal.

Apply online if you can - online appeals are quicker than post or fax appeals.

What you’re appealing | How you can appeal

A decision to refuse a human rights claim for entry clearance | Online or by post or fax with form IAFT-6

A decision to refuse a human rights claim or protection claim (where you can only apply after you’ve left the country) | Online or by post or fax with form IAFT-7

A decision to refuse you a residence document or deport you, under the Immigration (European Economic Area) Regulations 2016 | Online or by post or fax with form IAFT-5

A decision to refuse or revoke your status, vary the length or condition of your stay, or deport you under the EU Settlement Scheme | Online or by post or fax with form IAFT-6

A decision to refuse or revoke your family permit or travel permit under the EU Settlement Scheme | Online or by post or fax with form IAFT-6

A decision to refuse or revoke your permit, or deport you if you’re a frontier worker | Online or by post or fax with form IAFT-5

A decision to refuse or revoke your leave, or deport you if you’re on a S2 Healthcare Visitor visa | Online or by post or fax with form IAFT-5

Certain decisions about applications submitted before 6 April 2015 | Online or by post or fax with the relevant form

If you’re appealing by post or fax, download and fill in the relevant form. Send or fax it with copies of the documents that support your appeal to the address on the form.

Ask for an oral hearing

You can ask on your appeal form for a decision to be made either:

just on the information in your appeal form and any documents supplied to the tribunal

at a hearing that your representatives can attend

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.

If the tribunal does not hold a hearing, a judge will decide your case based on your appeal form and documents.

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.

Special requirements

Contact the Customer Enquiry Unit before your hearing if any special help is needed, for example someone attending on your behalf needs wheelchair access.

Fees

It costs:

£80 without a hearing

£140 with a hearing

You may not have to pay if you get legal aid.

Read the tribunal fees guidance for more information.

Contact the tribunal if you’re not sure if you have to pay a fee.

How to pay

You can pay your fee with a credit or debit card when you make your appeal online or by including your details on your appeal form.

If you’ve already made your appeal you can also pay your fee online.

If your EU Settlement Scheme, frontier worker or S2 healthcare visitor application is unsuccessful

If you have new evidence to submit, you can:

apply for the EU Settlement Scheme

apply for a Frontier Worker permit

apply for a S2 Healthcare Visitor visa

It’s free to apply.

Or you can ask the Home Office for an administrative review. This costs £80. You’ll usually get a decision within 28 days. Your decision letter will tell you if you can apply.

You can appeal to the First-tier Tribunal (Immigration and Asylum Chamber). This costs £80 without a hearing and £140 with a hearing.

You can only appeal a decision if you made your application after:

11pm on 31 January 2020, for the EU Settlement Scheme

10 December 2020, for a Frontier Worker permit

11pm on 31 December 2020, for a S2 Healthcare Visitor visa

Applications made before 6 April 2015

You might be able to appeal against a decision made by the Home Office if you submitted your application before 6 April 2015 and it was refused.

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 do not have permission (‘leave’) to enter or remain in the UK.

Appeal online or by post or fax with:

form IAFT-1 if you’re in the UK

form IAFT-3 if you’ve left 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.

Appeal online or by post or fax with:

form IAFT-1 if you’re in the UK

form IAFT-3 if you’ve left 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 did not include refusing an asylum or human rights claim.

Leave to enter

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

You can also appeal by post or fax with:

form IAFT-1 if you’re in the UK

form IAFT-3 if you’ve left the UK

Vary your leave to enter or remain

form IAFT-1 if you’re in the UK

form IAFT-3 if you’ve left the UK

Entry clearance

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

You can also appeal by post or fax with form IAFT-2.

Certificate of entitlement

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

form IAFT-1 if you’re in the UK

form IAFT-3 if you’ve left the UK

If there's a hearing

If you’ll be attending remotely, the letter or email will tell you how to prepare for this.

You can check the daily courts lists on the day of your hearing to find out if anything has changed.

If you cannot 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 normally be attended by:

a judge, sometimes with other tribunal members

a clerk and other tribunal staff, to help run the hearing

your representative, if you have one

a Home Office ‘presenting officer’, who will argue the case for the Home Office

any witnesses called to give evidence

an interpreter, if you’ve asked for one

It can also normally be attended by:

your sponsor, if you have one

members of the public

the press or media

If your appeal cannot 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 rescheduled for another day.

Get a decision

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

The tribunal will either decide to:

allow your appeal - this does not 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 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.

Email the Home Office if you do not get your fee award after 60 days.

Include the following information:

your Home Office reference number

your appeal reference number

the date of the tribunal decision letter

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

do not apply the correct law

do not follow the correct procedures, which affected the decision

had no evidence to support its decision

Legislation and previous decisions

Read the rules the tribunal must follow and the guidance it’s issued.

All parties must follow the rules and process in the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014.

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 2016

The tribunal fees are set out in the First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011.

The president of the tribunal has issued guidance which provides more detail on certain issues.

There are also older guidance notes for the Asylum and Immigration Tribunal which still apply to the First-tier Tribunal (Immigration and Asylum Chamber).

Check the decisions database to see how previous decisions on appeals have been made by the Immigration and Asylum Chamber.