September 11, 2024

Overview

You can appeal to the First-tier Tribunal (Immigration and Asylum Chamber) if the Home Office has decided to:

  • refuse your protection claim (also known as ‘asylum claim’ or ‘humanitarian protection’)
  • revoke your protection status
  • refuse your human rights claim
  • refuse you a residence document or deport you under the Immigration (European Economic Area) Regulations 2016
  • revoke your British citizenship
  • refuse or revoke your status, vary the length or condition of your stay, or deport you under the EU Settlement Scheme
  • refuse or revoke your travel permit or family permit under the EU Settlement Scheme or restrict your rights to enter or leave the UK under those permits
  • refuse or revoke your permit, or deport you if you’re a frontier worker
  • refuse or revoke your leave, or deport you if you’re an S2 healthcare visitor

The tribunal is independent of government. A judge will listen to both sides of the argument before making a decision.

If you do not have the right to appeal, you might be able to ask the Home Office for an administrative review.

How to appeal

How you appeal depends on whether you’re applying for yourself or if you’re a legal professional appealing on behalf of a client.

If you’re a solicitor or an immigration adviser

For most cases, you must appeal online using the MyHMCTS service. You’ll need to create an account first if you do not have one.

You must only appeal using a paper form if your client is in detention.

If you’re appealing for yourself without a solicitor or immigration adviser

Find out how to appeal from:

There’s a different way to appeal if you made your application before 6 April 2015.

Help you can get

You can get help and advice from a solicitor or an immigration adviser.

You can also contact Citizens Advice.

Read the guide on representing yourself if you’re not going to have a legal representative.

You may be able to get asylum support (such as housing and money) if you’ve been refused asylum.

Contact the tribunal if you have any questions about your appeal. The tribunal cannot give you legal advice.

First-tier Tribunal (Immigration and Asylum Chamber) customer.service@justice.gov.uk
Telephone: 0300 123 1711
Monday to Friday, 8:30am to 5pm
Find out about call charges

Urgent appeal applications

You need to write to the tribunal with:

  • the reason why your case should be heard urgently
  • evidence of compelling or compassionate grounds, for example letters from a doctor or hospital

You should write ‘expedite requests’ on the top of any documents you send with your application.

A judge will review your evidence and decide whether your application should be heard sooner than usual.

Your application will only be reviewed if you’ve paid your tribunal fee (if you need to pay one).

Where to send your application

Send your reasons for the urgent appeal and evidence to the tribunal.

Expedite Requests The First-tier Tribunal
Office of the Duty Judge
First-tier Tribunal (Immigration and Asylum Chamber)
PO Box 6987
Leicester LE1 6ZX

Contact the tribunal to check if your application has been received.

Expedite Requests The First-Tier Tribunal
customer.service@justice.gov.uk
Fax: 0870 739 5895

If your EU Settlement Scheme, frontier worker or S2 healthcare visitor application is unsuccessful

You can apply again for the EU Settlement SchemeFrontier Worker permit or S2 Healthcare Visitor visa for free if you have new evidence to submit.

Or you can ask the Home Office for an administrative review. This costs £80. You’ll usually get a decision within 28 days. Your decision letter will tell you if you can apply.

You can appeal to the First-tier Tribunal (Immigration and Asylum Chamber). This costs £80 without a hearing and £140 with a hearing.

You can only appeal a decision if you made your application after:

  • 11pm on 31 January 2020, for the EU Settlement Scheme
  • 10 December 2020, for a Frontier Worker permit
  • 11pm on 31 December 2020, for a S2 Healthcare Visitor visa

Applying again to the EU Settlement Scheme

The deadline to apply to the EU Settlement Scheme was 30 June 2021 for most people. You can still apply if either:

  • you have a later deadline – for example, you’re joining a family member in the UK who was living in the UK by 31 December 2020
  • you have ‘reasonable grounds’ for being unable to apply by 30 June 2021 – for example, you had an illness or were the victim of domestic abuse

CLICK HERE IF YOUR APPEALING WHEN INSIDE THE UK

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