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Aviso legal: Esto no constituye asesoramiento jurídico. La legislación y la jurisprudencia cambian. Consulte siempre con un abogado cualificado para su situación específica.

UK Law Reference
All Legal Journeys
Immigration Law
England & Wales
8 stages
12–24 months from notice of appeal to First-tier decision
Reviewed April 2026

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

1

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.

Deadline: Time limits begin from the date of the decision (not when received)
Evidence Needed
  • Original decision letter with all enclosures
  • Home Office reference number
  • Original visa, BRP, or passport
Common Mistakes to Avoid
  • 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
2

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.

Deadline: In-country appeals: 14 days. Out-of-country: 28 days. Deportation cases vary.
Evidence Needed
  • Refusal letter stating appeal rights
  • Date of service of the decision
Possible Outcomes
  • 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
Common Mistakes to Avoid
  • Missing the 14-day in-country deadline — very difficult to extend
  • Filing an appeal when Admin Review would be cheaper and faster
3

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.

Deadline: 14 days in-country; 28 days out-of-country from date of decision
Fee: £80 for paper hearings; £140 for oral hearings (fee waiver available)
Forms at This Stage
Evidence Needed
  • Completed IAFT-1 with grounds of appeal
  • Copy of refusal letter
  • Passport/travel document
  • Previous applications and supporting documents
Common Mistakes to Avoid
  • 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
4

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.

Deadline: Directions served within weeks of appeal being registered
Common Mistakes to Avoid
  • Missing the directions deadlines — this is taken seriously
  • Not reviewing the Home Office bundle for errors or missing documents
5

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.

Deadline: As directed — usually 10–14 days before hearing
Evidence Needed
  • 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)
Common Mistakes to Avoid
  • Not translating foreign-language documents
  • Relying on outdated country guidance — use the latest UNHCR reports
  • Filing bundle late — judge may exclude late evidence
6

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.

Deadline: Date set by tribunal — appeals can wait 6–18 months for a hearing
Possible Outcomes
  • Appeal allowed — Home Office must grant leave
  • Appeal dismissed — consider Upper Tribunal permission
  • Determination promulgated in writing later
Common Mistakes to Avoid
  • 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
7

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).

Possible Outcomes
  • 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
Common Mistakes to Avoid
  • Not reading the determination carefully to identify grounds for Upper Tribunal
  • Missing the 14-day deadline to apply for Upper Tribunal permission
8

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.

Deadline: 14 days from promulgation of First-tier determination to apply for permission
Possible Outcomes
  • 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
Common Mistakes to Avoid
  • Raising the same factual arguments — Upper Tribunal only hears legal errors
  • Missing the 14-day deadline

Official Sources

Related Guides

Know Your Rights