How do I know if I can appeal my immigration refusal?

There is no general right of appeal for all immigration refusals. You must check your Home Office refusal letter carefully, as it explicitly states whether you have a right of appeal. This right typically applies to specific refusals, such as asylum, human rights claims, EUSS applications, or certain visit visa refusals. The letter also provides the relevant tribunal address and the deadline for lodging your appeal.

How long do I have to submit an appeal?

The deadline depends on your location and status. If you are in the UK, you have 14 days. If you are outside the UK, you have 28 days. If you are detained, the deadline is 5 working days. You must lodge your Notice of Appeal within these timeframes to proceed with the process.

How do I submit my appeal and what does it cost?

You can lodge your Notice of Appeal online via MyHMCTS or by using paper forms IAFT-1 or IAFT-2. There is a tribunal fee of £80 for a paper hearing or £140 for an oral hearing. If you cannot afford this, you may apply for fee remission using Form FT3.

What happens at the substantive hearing?

The substantive hearing is conducted before a tribunal judge, who may be accompanied by a non-legal member. During the hearing, you will give evidence and may be cross-examined. For protection claims, country expert evidence may be used, and for Article 8 claims, family or relationship evidence is relevant. An interpreter will be provided if needed.

Can I appeal if the First-tier Tribunal dismisses my case?

If you are dissatisfied with the First-tier Tribunal's decision, you can apply for permission to appeal to the Upper Tribunal. This must be based on a point of law only. You must first apply to the First-tier Tribunal within 14 days of the determination. If refused, you have a further 14 days to apply directly to the Upper Tribunal.

All Legal Journeys

Immigration Law

UK-wide

6 stages

6–18 months from refusal to substantive hearing

Reviewed 2026-05-21

Immigration Appeal Journey (First-tier Tribunal)

Appealing a Home Office immigration or asylum refusal to the First-tier Tribunal (IAC) and onward to the Upper Tribunal.

This page covers UK-wide law. Where local procedure differs (e.g. courts or tribunals), this is noted in the relevant section.

Who Uses This Journey

Individuals refused asylum, a human rights claim, an EUSS application, or a visit visa under specific provisions. There is no general right of appeal — check the refusal letter for whether one exists.

Stage-by-Stage Timeline

Check appeal rights

Read the Home Office refusal letter carefully. It states whether you have a right of appeal, the relevant tribunal address, and the deadline.

Deadline: 14 days (in-country); 28 days (out-of-country); 5 working days if detained

Lodge Notice of Appeal

Online via MyHMCTS or paper form IAFT-1/IAFT-2. Pay tribunal fee (currently £80 paper / £140 oral hearing) or apply for fee remission via Form FT3.

Fee: £80–£140 (fee remission available)

Forms at This Stage

IAFT-1 IAFT-2

Case Management Review

Tribunal sets directions on bundles, expert evidence, and listing. Detained appellants get an expedited timetable.

Substantive hearing

Before a tribunal judge (sometimes with a non-legal member). Appellant gives evidence and is cross-examined. Country expert and other expert evidence may be relied on for protection claims. Interpreter provided where needed.

Evidence Needed

Statement
Supporting documents
Country expert report (for asylum claims)
Family/relationship evidence (for Article 8 claims)

Determination

Decision in writing within weeks of the hearing. Either allows the appeal (Home Office must reconsider) or dismisses it.

Onward appeal

Either party can apply for permission to appeal to the Upper Tribunal (IAC). Must be on a point of law only. Must be sought from the First-tier Tribunal first, then from the Upper Tribunal if refused.

Deadline: 14 days from determination to apply to First-tier; 14 days from refusal to apply to Upper

Official Sources

Appeal an immigration decision First-tier Tribunal (IAC) Procedure Rules Free Movement (expert immigration coverage)

Frequently asked questions

How do I know if I can appeal my immigration refusal?: There is no general right of appeal for all immigration refusals. You must check your Home Office refusal letter carefully, as it explicitly states whether you have a right of appeal. This right typically applies to specific refusals, such as asylum, human rights claims, EUSS applications, or certain visit visa refusals. The letter also provides the relevant tribunal address and the deadline for lodging your appeal.
How long do I have to submit an appeal?: The deadline depends on your location and status. If you are in the UK, you have 14 days. If you are outside the UK, you have 28 days. If you are detained, the deadline is 5 working days. You must lodge your Notice of Appeal within these timeframes to proceed with the process.
How do I submit my appeal and what does it cost?: You can lodge your Notice of Appeal online via MyHMCTS or by using paper forms IAFT-1 or IAFT-2. There is a tribunal fee of £80 for a paper hearing or £140 for an oral hearing. If you cannot afford this, you may apply for fee remission using Form FT3.
What happens at the substantive hearing?: The substantive hearing is conducted before a tribunal judge, who may be accompanied by a non-legal member. During the hearing, you will give evidence and may be cross-examined. For protection claims, country expert evidence may be used, and for Article 8 claims, family or relationship evidence is relevant. An interpreter will be provided if needed.
Can I appeal if the First-tier Tribunal dismisses my case?: If you are dissatisfied with the First-tier Tribunal's decision, you can apply for permission to appeal to the Upper Tribunal. This must be based on a point of law only. You must first apply to the First-tier Tribunal within 14 days of the determination. If refused, you have a further 14 days to apply directly to the Upper Tribunal.