Appealing to the First-Tier Tribunal

If your immigration application has been refused, you might have the right to appeal to the First-tier Tribunal.

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What is the First-tier Tribunal?

If you have received a refusal and have the right to appeal, submitting your appeal to First-tier Tribunal is your first stepping stone in the appeal process.

The First-tier Tribunal is the first court that hears your appeal against the Home Office regarding UK entry clearance to the UK, permission to stay in the UK, and deportation from the UK. The First-tier Tribunal operates completely independently of the Home Office and has the power to overturn refusals from the Home Office.  

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Appealing to the First-Tier Tribunal

OVERVIEW 

Specialist Advice and Representation

Our specialist appeal solicitors have extensive experience assisting clients with appeals to the First-tier Tribunal (Immigration and Asylum Chamber). We regularly handle complex cases and provide expert support in preparing and presenting appeals.

Our team will:

  • Take the time to understand your objectives
  • Assign the most suitable lawyer (or a team where necessary)
  • Develop a tailored legal strategy
  • Work efficiently to achieve the best outcome in a cost-effective and timely manner

Do I Have the Right to Appeal?

Not every Home Office decision carries a right of appeal. Generally, you may appeal to the First-tier Tribunal (IAC) if the Home Office has:

  • Refused a human rights or protection claim (including asylum or humanitarian protection)
  • Withdrawn an existing grant of protection
  • Refused a residence document or made a deportation decision under the EEA Regulations
  • Removed your British citizenship
  • Refused, cancelled, or altered your status under the EU Settlement Scheme
  • Refused or withdrawn a travel or family permit under the EU Settlement Scheme
  • Refused or cancelled a frontier worker permit
  • Refused or cancelled leave, or issued a deportation decision (e.g., S2 healthcare visitors)

Important Notes:

  • If your claim is certified as “clearly unfounded”, you cannot appeal
  • You may challenge such certification through judicial review
  • If no appeal right exists, you may be eligible for an Administrative Review
  • In some cases, you can argue that the Tribunal still has jurisdiction

What Is an Appealable Human Rights Claim?

A human rights claim means arguing that a decision breaches your rights under the Human Rights Act 1998.

Applications Made Within the UK

These usually carry a right of appeal if refused:

  • Long residence applications
  • Family applications under Appendix FM (spouse, partner, etc.)
  • Family applications under Part 8
  • Private life applications
  • Applications as a partner/child of HM Forces

Applications Made Outside the UK

These may also carry appeal rights:

  • Family visas (spouse, partner, fiancé(e), dependent relatives)
  • Applications under Appendix FM or Part 8
  • HM Forces family applications

What Is an Appealable Protection Claim?

Protection claims include:

  • Asylum claims
  • Humanitarian protection claims

You can appeal if removal from the UK would:

  • Breach the Refugee Convention
  • Expose you to serious harm
  • Violate humanitarian protection obligations

How Long Do I Have to Lodge an Appeal?

  • Inside the UK: 14 calendar days from the decision date
  • Outside the UK: 28 calendar days from receiving the decision

Key Points:

  • Time limits are based on calendar days
  • If the deadline falls on a non-working day, the next working day is allowed
  • Late appeals may be accepted if:
    • You request an extension
    • You provide a valid reason

Grounds of Appeal

For Human Rights Claims

  • The decision is unlawful under the Human Rights Act 1998

For Protection Claims

  • Breach of the Refugee Convention
  • Breach of humanitarian protection obligations
  • Violation of human rights

Revocation Cases

  • Appeals must be based on refugee or humanitarian protection obligations

What Happens to My Status During the Appeal?

  • If you had valid leave, it is automatically extended during the appeal
  • If you appeal late, your leave may expire

Important:

  • Do not leave the UK during your appeal
    • Your appeal will be considered abandoned
    • You may face re-entry issues

From Outside the UK:

  • You may apply for a visa to attend your hearing
  • Visa-free nationals must disclose their situation at the border

What Happens After the Tribunal Decision?

If Your Appeal Is Allowed:

  • The Home Office may appeal
  • If not, your immigration status will be granted or restored

If Your Appeal Is Refused:

  • You may appeal to the Upper Tribunal
  • Legal advice is strongly recommended

How Can Our Immigration Lawyers Help?

We provide:

  • Expert legal advice and representation
  • Full support throughout the appeal process
  • Fixed-fee services from start to decision

Why Choose Our Immigration Lawyers?

 High-Quality Advice and Representation

  • Careful case handling
  • Attention to detail
  • Timely progress
  • Strong track record and client reviews

 Remote Legal Services

  • Fully remote support available
  • Video, phone, and online communication
  • Global client representation
  • Optional in-person meetings in London

 Specialist Expertise

  • Dedicated immigration lawyers
  • Complex cases handled by expert teams

 Fixed Fees with Payment Plans

  • Transparent pricing
  • Affordable fixed fees
  • Instalment options available

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  • Online enquiry support
  • Quick and professional responses

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