Immigration appeal route: refusal → FTT → UT → Court of Appeal
Appellate pathway for Home Office immigration and asylum refusals.
When to use this route
The Home Office has refused an immigration or asylum application and the refusal letter states you have a right of appeal.
When NOT to use this route
If your refusal letter says there is no right of appeal — judicial review may be the only route. Visit visa refusals (most) carry no appeal.
Prerequisites
- • A refusal that carries a right of appeal
- • Within the deadline (14 days in-country, 28 days out-of-country, 5 working days if detained)
Evidence to gather
- • Refusal letter
- • Original application bundle
- • Country expert evidence (for asylum claims)
- • Article 8 family / private life evidence
Route map
- Stage 1
Lodge Notice of Appeal
Online via MyHMCTS or on paper.
- Stage 2
Case management review
Tribunal sets directions for bundles, expert evidence, and listing.
- Stage 3
Substantive hearing
Before a judge (sometimes with a non-legal member). Evidence is given orally; interpreter provided if needed.
- Stage 4
Determination
Written decision normally within weeks. Either allows the appeal (Home Office must reconsider) or dismisses it.
- Stage 5
Upper Tribunal appeal
Either party can apply for permission to appeal on a point of law, first to the FTT, then to the UT.
- Stage 6
Court of Appeal / Supreme Court
Onward appeals to higher courts on points of law of public importance.
Final remedies
- • Appeal allowed (Home Office must reconsider in line with the determination)
- • Appeal dismissed (can re-apply / fresh claim / JR)
Official sources
Frequently asked questions
- How do I know if I can appeal my immigration refusal?
- You can appeal if your Home Office refusal letter explicitly states you have a right of appeal. If the letter says there is no right of appeal, judicial review may be the only available route. Note that most visit visa refusals do not carry an appeal right.
- What are the time limits for lodging an immigration appeal?
- The deadline depends on your location. You have 14 days if you are in the UK, 28 days if you are outside the UK, and 5 working days if you are detained. You must lodge your Notice of Appeal within these timeframes to proceed.
- What documents do I need to submit with my appeal?
- You should prepare your refusal letter, the original application bundle, and any relevant evidence. For asylum claims, include country expert evidence. For Article 8 claims, provide family or private life evidence. You can lodge the appeal online via MyHMCTS or on paper.
- What happens during the First-tier Tribunal hearing?
- The First-tier Tribunal (Immigration and Asylum Chamber) hears the case. A judge, sometimes accompanied by a non-legal member, conducts the substantive hearing. Oral evidence is given, and an interpreter is provided if necessary. The tribunal sets directions for bundles and expert evidence during a case management review.
- What are the possible outcomes of an immigration appeal?
- If the appeal is allowed, the Home Office must reconsider the decision in line with the tribunal's determination. If the appeal is dismissed, you may be able to re-apply, make a fresh claim, or seek judicial review. Either party can also apply for permission to appeal to the Upper Tribunal on a point of law.