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

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.

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

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

Applying again to the EU Settlement Scheme

The deadline to apply to the EU Settlement Scheme was 30 June 2021 for most people. You can still apply if either:

• you have a later deadline – for example, you’re joining a family member in the UK who was living in the UK by 31 December 2020
• you have ‘reasonable grounds’ for being unable to apply by 30 June 2021 – for example, you had an illness or were the victim of domestic abuse

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.

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 an EU Settlement Scheme, frontier worker or S2 healthcare visitor application. Your administrative review decision will tell you how to appeal.

Appeal an immigration or asylum decision online

If you’re appealing for yourself, use the online service to:

• submit an appeal
• add documents in support of your application
• ask for a hearing
• get a decision on your appeal

You’ll need to create an account. You’ll also need:

• your Home Office reference number – you can find this on your decision letter
• any documents that will support your application
• an email address or mobile phone number

If you cannot use this service

You can:

• apply using a different online service
• apply by post, fax or email using form IAFT-5 – send it with copies of the documents that support your application

If you’re appealing a decision where you’ve been detained in an immigration detention centre and your decision letter was sent by the Home Office, apply by post or fax with form IAFT-DIA.

Ask for an oral hearing

You can ask during your appeal application for a decision to be made either:

• just on the information in your appeal application 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

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.

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.

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.

Appeal an immigration or asylum decision online

If you’re appealing for yourself, use the online service to:

• submit an appeal
• add documents in support of your application
• ask for a hearing
• get a decision on your appeal

You’ll need to create an account. You’ll also need:

• your Home Office reference number – you can find this on your decision letter
• any documents that will support your application
• an email address or mobile phone number

If you cannot use this service

You can either:

• apply using a different online service
• apply by post, fax or email

To apply by post, fax or email, use one of the following forms. Send the relevant form with copies of the documents that support your application.

Use form IAFT-5 to appeal a decision about any of the following:

• deporting you under the Immigration (European Economic Area) Regulations 2016
• refusing your permit, revoking your permit or deporting you if you’re a frontier worker
• refusing your leave, revoking your leave or deporting you if you’re on an S2 Healthcare Visitor visa

Use form IAFT-6 to appeal a decision about any of the following:

• refusing a human rights claim for entry clearance
• deporting you, refusing or revoking your status, or varying the length or condition of your stay under the EU Settlement Scheme
• refusing or revoking your family permit or travel permit under the EU Settlement Scheme

Use form IAFT-7 to appeal a decision to refuse a human rights claim or protection claim, where you’ve been told you can only appeal after you’ve left the country.

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.

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 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

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.

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

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.

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

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.

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

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 or your witness or representative is outside the UK and wants to give live video or audio evidence, contact the tribunal to request it. Tell the tribunal what country you, the witness or representative is in and what type of evidence is being given. You must do this as soon as possible.

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

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.

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

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

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

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.