Your Asylum Claim Has Been Refused
The Home Office has refused your asylum claim or humanitarian protection claim. This page explains your right to appeal, the deadlines, and the process before the First-tier Tribunal (Asylum and Immigration Chamber).
Quick Answer
You have the right to appeal a refused asylum claim to the First-tier Tribunal (Asylum and Immigration Chamber) under s.82 of the Nationality, Immigration and Asylum Act 2002. The deadline is 14 days from the refusal (or 5 days in detention). Legal aid is available. Do not delay — missing the appeal deadline is extremely difficult to remedy.
Full Explanation
A refusal of an asylum claim is a decision on protection grounds — whether you face persecution on the grounds set out in the 1951 Refugee Convention (race, religion, nationality, membership of a particular social group, or political opinion) or serious harm under the Qualification Regulations. A refusal letter will set out why the Home Office does not accept your claim.
You have a right of appeal under Nationality, Immigration and Asylum Act 2002 s.82 to the First-tier Tribunal (Asylum and Immigration Chamber). The appeal deadline is 14 days from receiving the refusal decision if you are outside detention, or 5 working days if you are in an Immigration Removal Centre. These deadlines are very strict — Tribunals have very limited power to extend time after the deadline has passed.
Legal aid is available for asylum appeals. Contact a legal aid immigration solicitor immediately. You can find one through the Immigration Advice Authority register or the Law Society find a solicitor tool. Your solicitor will file a Notice of Appeal (form IAFT-1 for standard cases), prepare a bundle of evidence, and represent you at the hearing.
At the Tribunal hearing, the burden of proof is on you to show, to the lower standard of reasonable likelihood (the Sivakumaran standard — [1988] AC 958), that you face persecution or serious harm. Evidence includes your witness statement, country evidence (COIS reports, expert reports), medical evidence, and any corroborating documents.
If the First-tier Tribunal dismisses your appeal, you may apply for permission to appeal to the Upper Tribunal (Immigration and Asylum Chamber) on a point of law only. If the Upper Tribunal refuses permission, further appeal to the Court of Appeal is on a second-tier basis — only where there is an important point of principle or practice, or where there is some other compelling reason.
Legal Basis
- §Nationality, Immigration and Asylum Act 2002, s.82 — Provides the right of appeal against asylum refusals and other protection decisions to the First-tier Tribunal.
- §Refugee Convention 1951 and 1967 Protocol — The international legal framework defining who is a refugee and the principle of non-refoulement.
- §Human Rights Act 1998, incorporating ECHR Article 3 — Provides additional protection against removal where there is a real risk of inhuman or degrading treatment, complementing the Refugee Convention.
What To Do
Contact a Legal Aid Immigration Solicitor Immediately
Legal aid is available for asylum appeals and covers solicitor preparation and representation at the Tribunal. Contact a legal aid immigration solicitor on the day you receive your refusal. If you are detained, ask the IRC staff to arrange legal advice or contact the Detention Duty Advice scheme.
File the Notice of Appeal (IAFT-1 or IAFT-5)
Your solicitor will file the Notice of Appeal online at the MyHMCTS portal. The form requires: your details, the decision being appealed, grounds of appeal (human rights, refugee, humanitarian protection), and the fee waiver if you have legal aid. Grounds do not need to be detailed at this stage but must indicate the basis of appeal.
Prepare Supporting Evidence
Work with your solicitor to prepare a full evidence bundle. This will include your detailed witness statement, documents from your country (identity documents, evidence of persecution), country of origin information from the Home Office COIS or expert sources, and any medical or psychological evidence. Country evidence is particularly important for establishing general conditions.
Attend the Tribunal Hearing
You will be notified of a hearing date. Attend with your solicitor and, if applicable, an interpreter. You will give oral evidence and be cross-examined by the Home Office Presenting Officer. The Judge will then make a decision — sometimes immediately after the hearing, sometimes in writing afterwards.
Important Deadlines
Important Warnings
Missing the 14-day or 5-day appeal deadline is very difficult to remedy. The Tribunal applies a strict approach to out-of-time appeals — only exceptional circumstances excuse a late filing.
During your appeal, you normally cannot be removed from the UK. However, the Home Office may certify claims as 'clearly unfounded' in certain circumstances, removing the suspensive effect of an appeal. Take advice if you receive a certificate.
If you have dependent children, ensure they are included in the appeal. Their best interests under UNCRC Article 3 must be a primary consideration in any removal decision.