Appeal Against Visa Refusals and Immigration Decisions

Table of Contents

• What is an appeal?
• Which UK visa refusals and immigration decisions can be appealed?
• What are the grounds for an immigration appeal?
• UK immigration appeal deadlines
• How to appeal a UK visa refusal and immigration decision
• How long does a UK immigration appeal take?
• What happens if you win or lose the immigration appeal?

What is an appeal?

An appeal against a visa refusal or immigration decision is a formal legal challenge. It asks the First-tier Tribunal (Immigration and Asylum Chamber) to review a Home Office decision and decide whether it should stand. It is important to understand that simply disagreeing with the outcome is not enough. When appealing, the applicant needs to explain why the Home Office decision should not stand under the relevant legal grounds of appeal and provide evidence supporting their case.

Not every visa refusal or immigration decision has a right of appeal. A right of appeal is only available for a limited category of immigration decisions, such as refusal of a human rights claim and refusal of a protection claim, for example, an asylum claim. Most standard visa refusals, such as a Skilled Worker visa or Standard Visitor visa refusal, do not carry a right of appeal. Applicants should check their decision letter to confirm whether an appeal is available.

Which UK visa refusals and immigration decisions can be appealed?

Before proceeding, we recommend checking if you have a right of appeal. This will be explained in your Home Office decision letter. The right to appeal to the First-tier Tribunal generally only exists if the Home Office has:

• Refused a human rights claim
• Refused a protection claim such as an asylum or humanitarian protection claim, or
• Made certain decisions affecting rights under the EU Settlement Scheme or the Withdrawal Agreement.

You may be able to appeal if your human rights, protection or citizens’ rights claim has been refused, or in limited circumstances, you face deportation on related grounds.

What are the grounds for an immigration appeal?

When appealing an immigration decision, the basis of that appeal will depend on the circumstances:

• Human-rights appeal: whether the decision is unlawful under the Human Rights Act. For example, in family cases, that means looking at family and private life under Article 8, any exceptional circumstances, and the best interests of any children. A person may argue that refusing their family visa would disproportionately interfere with their relationship with a British partner or child.
• Protection appeal: Refugee Convention, humanitarian protection and, where relevant, human rights grounds. For example, whether the person faces a real risk of persecution or serious harm.
• EUSS or Citizens’ Rights appeal: whether the decision breaches relevant Withdrawal Agreement rights or is otherwise not in accordance with the applicable rules or law.

An applicant is unlikely to win an appeal just by showing the Home Office made a mistake. A mistake only helps if it proves the refusal itself is wrong.

UK immigration appeal deadlines

The deadline to lodge an appeal depends on when you received the decision:

• 14 days from receiving the decision letter where the applicant is in the UK
• 28 days from receiving it where the applicant is outside the UK, or
• 28 days from leaving the UK where the decision states that the person must leave before appealing

In some cases, a late appeal can still be submitted, but the applicant must explain why it was late. The First-tier Tribunal will then decide whether the appeal can proceed.

How to appeal a UK visa refusal and immigration decision

Before appealing, you will need to check whether you have a right of appeal and whether you meet the appeal deadline.

1. Submit the appeal to the First-tier Tribunal (Immigration and Asylum Chamber): Individuals can appeal online using the Home Office online service, or by post or email. If appealing by post or email, use form IAFT-1 and follow the instructions in the form to submit the appeal. If using immigration solicitors or advisers, they will use the MyHMCTS service.
2. Choose how the appeal is decided and pay the fee: the appeal can be decided on the information and any documents provided to the tribunal, or the applicant can request a hearing before a tribunal judge.
3. Attend a hearing, if there is one: the applicant will be informed if they need to attend a hearing. The tribunal may direct the applicant to submit further evidence, witness statements or written legal submissions before the hearing. At the hearing, the applicant and any witnesses may be required to give evidence and answer questions.
4. The tribunal makes its decision: after considering the evidence, the tribunal will either allow the appeal, meaning the case succeeds, or dismiss it, meaning the original Home Office decision stands. The decision is usually sent in writing, setting out the tribunal’s findings and reasons. If either party believes the tribunal made a legal error, they can apply for permission to appeal to the Upper Tribunal (Immigration and Asylum Chamber). This is not an automatic right and does not allow the case to be reargued on the same facts; permission is only granted where there is an arguable legal error in the decision.

An immigration appeal can involve strict deadlines, complex legal arguments and detailed evidence. It is recommended to seek the assistance of immigration lawyers to help ensure the appeal is properly prepared and focused on the issues the tribunal needs to decide.

Reiss Edwards can help you with a UK visa refusal appeal or recommend the best course of action. Speak to one of our experienced immigration lawyers for a free telephone consultation on 020 3744 2797 or complete our enquiry form.

How long does a UK immigration appeal take?

There is no fixed timeframe for an immigration appeal, and the duration varies by case type, complexity and tribunal workload. Current Ministry of Justice statistics show an average time of 61 weeks across First-tier Tribunal Immigration and Asylum Chamber appeals. Human-rights cases averaged 71 weeks, asylum and protection cases averaged 67 weeks, and EEA Free Movement cases averaged 46 weeks. These are just statistical averages, not guaranteed processing times. Once a hearing has taken place, the tribunal usually sends its decision within four weeks.

What happens if you win or lose the immigration appeal?

If the appeal is allowed, the tribunal finds in the applicant’s favour, and the Home Office must reconsider the decision in light of the tribunal’s findings. The Home Office will normally then grant the relevant permission, unless there are other reasons to refuse that were not part of the appeal.

If the appeal is dismissed, the tribunal upholds the original Home Office decision, and the refusal stands. The applicant may be able to apply for permission to appeal to the Upper Tribunal if they believe the First-tier Tribunal made a legal error, but this is not a further right to reargue the same facts. Time limits apply, and permission is not automatic.

References:

GOV.UK: Appeal against a visa or immigration decision

GOV.UK: Rights of appeal