Right of Appeal

What is an Appeal?

An Appeal is a formal legal challenge of a Home Office decision. If an application is refused by the Home Office, an applicant may have a right to appeal the decision. This involves asking an Immigration Tribunal (a type of court) to review the decision made by the Home Office.

Who Can Appeal a Home Office Decision?

An applicant who has received an adverse decision from the Home Office will be notified if they are eligible to apply for an appeal. Not all Home Office decisions come with a right of appeal. Decision which are eligible are:

• Refusal of a protection claim (also known as ‘asylum claim’ or ‘humanitarian protection’);
• Revocation of a protection status;
• Refusal of a human rights claim;
• Refusal of a residence document or deportation under the Immigration (European Economic Area) Regulations 2016;
• Revocation of British citizenship;
• Refusal or revocation of status, variation of the length or condition of stay, or decision to deportation under the EU Settlement Scheme;
• Refusal or revocation of a travel permit or family permit under the EU Settlement Scheme or restriction of rights to enter or leave the UK under those permits;
• Refusal or revocation of a permit, or deportation of a frontier worker;
• Refusal or revocation of leave, or deportation of an S2 healthcare visitor.

To note, not all protection and human rights claims refusal decisions come with a right of appeal. Applicants will not have a right of appeal where the Home Office decision has certified that a protection claim or human rights claim is clearly unfounded.

How to Appeal a Home Office Decision?

The Home Office decision letter will inform applicants whether they have a right of appeal.

An Applicant can have their Appeal heard at a hearing or choose to have a Judge decide the outcome by only reading the documents in the case.

To Appeal a Home Office decision, applicants (or their representative) will need to submit an application form to the First-tier Tribunal. The form is called an IAFT-5.

The grounds upon which the Home Office decision is being challenged by the Appeal must also be included in the form. The grounds are the legal reasons or legal basis of an appeal. The grounds of appeal in immigration cases are set out in section 84 of the Nationality, Immigration and Asylum Act 2002.

The grounds for appeal against the refusal of an asylum claim and/or request for Humanitarian Protection under section 84(1) are:

1. that removal of the appellant from the United Kingdom would breach the United Kingdom’s obligations under the Refugee Convention;
2. that removal of the appellant from the United Kingdom would breach the United Kingdom’s obligations in relation to persons eligible for a grant of humanitarian protection;
3. that removal of the appellant from the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to Human Rights Convention)

As per brought Section 84(2) an appeal against a human rights claim must be brought on the ground that the decision is unlawful under section 6 of the Human Rights Act 1998.

An appeal against the revocation of a protection status must be brought on one or more of the following grounds in section 84(3):

1. that the decision to revoke the appellant’s protection status breaches the United Kingdom’s obligations under the Refugee Convention;
2. that the decision to revoke the appellant’s protection status breaches the United Kingdom’s obligations in relation to persons eligible for a grant of humanitarian protection

Applicants challenging an EEA decision, can appeal on the basis that the decision is not in accordance with EU law. This ground only applies to decisions made before Brexit (31 January 2020), or applications under the EU Settled Status scheme made after 31 January 2020.

Applicants are required to pay the relevant fee unless exempt and must apply before the relevant deadline.

When Must an Application for an Appeal be Submitted by?

Applications from outside the UK must be submitted no later than 28 days of receiving their decision. Applicants who applied from the UK must submit their appeal to the Tribunal no later than 14 days after the Home Office sent their decision.

If the deadline to appeal the Home Office decision is missed, a late application may be accepted but only with good reason. This will be at the Tribunals discretion.

How Long Does it Take for a Decision to be Made?

Once an immigration appeal has been heard, the Immigration Judge will issue a determination which informs the parties whether the appeal has been allowed or dismissed. A copy of the Tribunal’s decision is usually sent to the parties within 4 weeks of the hearing.

The listing of an immigration appeal can take several months.

What is the Fee for an Appeal?

Where applicable, the fee for an immigration appeal is £80 if there is no oral hearing. Where there is an oral hearing, the fee is £140.

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