How long do I have to file an immigration appeal?

The time limit depends on whether your appeal is 'in-country' or 'out-of-country'. In-country appeals, such as those based on human rights from within the UK, must be filed within 14 days of the decision date. Out-of-country appeals generally have 28 days. Deportation cases may have different limits. Crucially, these deadlines start from the date of the decision, not when you received the letter, so you must check the refusal letter carefully.

Do I have the right to appeal my visa refusal?

Not every immigration refusal allows an appeal. Under the Nationality, Immigration and Asylum Act 2002, a right of appeal to the First-tier Tribunal exists for specific decisions, including refusals of protection or human rights claims, or decisions to deprive citizenship. You must check your refusal letter to see if it explicitly states you have a right of appeal. If it does not, you may need to consider judicial review or an administrative review instead.

How do I submit my appeal to the tribunal?

You must file the IAFT-1 Notice of Appeal online via the MyHMCTS portal or by paper form. The fee is £80 for paper hearings and £140 for oral hearings, though a fee waiver may be available. You must clearly state your grounds of appeal, such as the decision being unlawful under the Human Rights Act or inconsistent with the Refugee Convention, and attach your refusal letter and passport.

How long does the immigration appeal process take?

The total journey typically takes 12 to 24 months from the notice of appeal to the First-tier decision. A significant portion of this time is spent waiting for a hearing date, which can take 6 to 18 months. The tribunal issues directions setting deadlines for evidence submission, usually 10 to 14 days before the hearing. Missing these deadlines can result in your evidence being excluded.

What happens if my appeal is dismissed?

If the First-tier Tribunal dismisses your appeal, you can apply for permission to appeal to the Upper Tribunal if you believe there is a material error of law. You must apply to the First-tier Tribunal within 14 days of the determination being promulgated. If refused, you can renew the application directly to the Upper Tribunal within another 14 days. Note that the Upper Tribunal only hears legal errors, not factual disputes.

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.

This page mainly applies to England and Wales. Scotland and Northern Ireland may have different rules — check the jurisdiction before relying on this information.

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.

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

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

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

IAFT-1

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

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

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

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

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

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

Immigration Tribunal (GOV.UK)IAFT-1 Notice of Appeal form Upper Tribunal (IAC)

Frequently asked questions

How long do I have to file an immigration appeal?: The time limit depends on whether your appeal is 'in-country' or 'out-of-country'. In-country appeals, such as those based on human rights from within the UK, must be filed within 14 days of the decision date. Out-of-country appeals generally have 28 days. Deportation cases may have different limits. Crucially, these deadlines start from the date of the decision, not when you received the letter, so you must check the refusal letter carefully.
Do I have the right to appeal my visa refusal?: Not every immigration refusal allows an appeal. Under the Nationality, Immigration and Asylum Act 2002, a right of appeal to the First-tier Tribunal exists for specific decisions, including refusals of protection or human rights claims, or decisions to deprive citizenship. You must check your refusal letter to see if it explicitly states you have a right of appeal. If it does not, you may need to consider judicial review or an administrative review instead.
How do I submit my appeal to the tribunal?: You must file the IAFT-1 Notice of Appeal online via the MyHMCTS portal or by paper form. The fee is £80 for paper hearings and £140 for oral hearings, though a fee waiver may be available. You must clearly state your grounds of appeal, such as the decision being unlawful under the Human Rights Act or inconsistent with the Refugee Convention, and attach your refusal letter and passport.
How long does the immigration appeal process take?: The total journey typically takes 12 to 24 months from the notice of appeal to the First-tier decision. A significant portion of this time is spent waiting for a hearing date, which can take 6 to 18 months. The tribunal issues directions setting deadlines for evidence submission, usually 10 to 14 days before the hearing. Missing these deadlines can result in your evidence being excluded.
What happens if my appeal is dismissed?: If the First-tier Tribunal dismisses your appeal, you can apply for permission to appeal to the Upper Tribunal if you believe there is a material error of law. You must apply to the First-tier Tribunal within 14 days of the determination being promulgated. If refused, you can renew the application directly to the Upper Tribunal within another 14 days. Note that the Upper Tribunal only hears legal errors, not factual disputes.