Immigration Appeal Journey
The process for challenging a refused immigration or visa decision through the First-tier Tribunal (Immigration and Asylum Chamber), with the option to seek permission to appeal to the Upper Tribunal.
Who Uses This Journey
Individuals who have received a refusal of a visa, leave to remain, refugee status, or deportation decision and have the right of appeal to the Immigration Tribunal. Note: not all immigration decisions carry a right of appeal — check your refusal letter.
Stage-by-Stage Timeline
Receive Decision Letter
Read the refusal letter carefully. It must state: the reasons for refusal, whether you have a right of appeal (and to which court), and the time limit for appeal. Check whether refusal is 'in-country' (you are still in the UK) or 'out of country' (you have been removed). Different time limits apply.
- Original decision letter with all enclosures
- Home Office reference number
- Original visa, BRP, or passport
- Not reading whether a right of appeal exists — some decisions are appeal-free
- Confusing the date of decision with the date of receipt
- Not identifying whether this is an in-country or out-of-country appeal
Check Right of Appeal and Time Limit
Under the Nationality, Immigration and Asylum Act 2002 (as amended), a right of appeal to the First-tier Tribunal exists where the NIAA 2002 s.82 applies: refusal of protection claim, refusal of human rights claim, or decision to deprive of citizenship. Human rights appeals from within the UK are in-country; most others are not.
- Refusal letter stating appeal rights
- Date of service of the decision
- Right of appeal confirmed — proceed to file Notice of Appeal
- No right of appeal — consider judicial review instead
- Admin review available — cheaper alternative to full appeal
- Missing the 14-day in-country deadline — very difficult to extend
- Filing an appeal when Admin Review would be cheaper and faster
File Notice of Appeal (IAFT-1)
File the IAFT-1 Notice of Appeal online via the MyHMCTS portal (or paper form). State the grounds of appeal: (1) the decision is unlawful under s.6 Human Rights Act, (2) the decision is inconsistent with the Refugee Convention. Attach: copy of refusal, passport, and supporting documents.
- Completed IAFT-1 with grounds of appeal
- Copy of refusal letter
- Passport/travel document
- Previous applications and supporting documents
- Grounds of appeal too vague — must identify legal errors specifically
- Not filing the fee or fee waiver request — appeal will not be accepted
- Filing by email when the portal is required
Directions Issued
The tribunal issues Case Management Directions setting deadlines for: the Home Office to provide their bundle (Case Summary), the appellant to file their bundle and witness statements, and the hearing date. The tribunal may list a case management hearing first for complex cases.
- Missing the directions deadlines — this is taken seriously
- Not reviewing the Home Office bundle for errors or missing documents
Prepare and File Bundle
The appellant files their bundle containing: witness statements, supporting evidence (country guidance, expert reports, medical evidence, supporting letters), legal skeleton argument, and any rule 15(2A) evidence (new matters). All documents must be translated if not in English.
- Country of origin information (Country Policy and Information Notes — CPINs)
- Expert reports (country expert, medical, psychological)
- Witness statements from appellant and supporting witnesses
- Documents from home country: police reports, court documents, medical records
- Evidence of ties to the UK (relationships, employment, length of residence)
- Not translating foreign-language documents
- Relying on outdated country guidance — use the latest UNHCR reports
- Filing bundle late — judge may exclude late evidence
Hearing
An oral hearing before an Immigration Judge. The Home Office Presenting Officer (HOPO) presents the Secretary of State's case. The appellant gives evidence and is cross-examined. Both parties make legal submissions. The judge may give an oral determination or reserve judgment.
- Appeal allowed — Home Office must grant leave
- Appeal dismissed — consider Upper Tribunal permission
- Determination promulgated in writing later
- Appellant not attending — appeal may be heard in absence or dismissed
- Not addressing the specific reasons for refusal in evidence
- Failing to bring original documents to hearing
Determination
The written determination sets out the judge's findings of fact and law, and either allows or dismisses the appeal. A determination allowing the appeal is binding on the Home Office (subject to any appeal they bring).
- Appeal allowed — appellant notified, Home Office must act
- Appeal dismissed — consider Upper Tribunal permission application
- Error of law found — remitted to fresh First-tier hearing
- Not reading the determination carefully to identify grounds for Upper Tribunal
- Missing the 14-day deadline to apply for Upper Tribunal permission
Upper Tribunal Permission Application
If the First-tier determination contains a material error of law, apply for permission to appeal to the Upper Tribunal (Immigration and Asylum Chamber). First apply to the First-tier Tribunal; if refused, renew directly to the Upper Tribunal. Grounds must identify a clear legal error in the determination.
- Permission granted — Upper Tribunal hearing listed
- Permission refused by First-tier — renew to Upper Tribunal (within 14 days)
- Upper Tribunal grants permission and re-makes the decision
- Upper Tribunal dismisses the error of law grounds
- Raising the same factual arguments — Upper Tribunal only hears legal errors
- Missing the 14-day deadline