Specialist Advice and Representations  

Our specialist appeal solicitors have regularly assisted appellants with their appeals to the First-tier Tribunal (IAC) and are experts in preparing and presenting appeals to the First-tier Tribunal (IAC). We regularly handle highly complex appeals and can leverage our expertise to assist you with your appeal to the First-tier Tribunal (IAC). Our team of specialist immigration lawyers will take the time to understand your objectives, assign the right lawyer or a team of lawyers – where necessary – to your case and agree a strategy to help you achieve your objectives as cost-effectively and as quickly as possible.

Do I have the right to appeal?

Not every immigration decision made by the Home Office carries a right of appeal. In most cases, you can appeal to the First-tier Tribunal (Immigration and Asylum Chamber) where the Home Office has:

• Refused a human rights or protection claim (including asylum or humanitarian protection), or withdrawn an existing grant of protection;
• Refused a residence document or made a deportation decision under the Immigration (European Economic Area) Regulations 2016 (where transitional provisions still apply);
• Removed your British citizenship;
• Refused, cancelled, or altered your status under the EU Settlement Scheme, including changing the duration or conditions of your stay, or making a deportation decision;
• Refused or withdrawn a travel or family permit under the EU Settlement Scheme, or limited your rights to enter or leave the UK under those permits;
• Refused or cancelled a permit, or issued a deportation decision, in relation to frontier worker status;
• Refused or cancelled leave, or decided to deport you, if you are an S2 healthcare visitor.

If your asylum or human rights claim has been certified by the Home Office as “clearly unfounded,” you will not have a right of appeal. In such cases, it may still be possible to challenge that certification through judicial review.

Where there is no right of appeal because the decision does not fall within the appealable categories, you might instead be able to request an Administrative Review. However, this option is only available for certain types of applications.

In some situations, it is still possible to pursue an appeal even if the Home Office states otherwise. This would require you to argue that the Tribunal does in fact have jurisdiction. One example might be a refusal of a returning resident visa where there are compelling family connections.

If you are unsure whether your decision carries a right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber), it is advisable to seek specialist legal advice.

What Is an Appealable Human Rights Claim?

This section explains the circumstances in which an individual may bring an appeal before the First-tier Tribunal (Immigration and Asylum Chamber) in relation to a human rights claim.

Applications Made Within the UK

Certain immigration applications submitted from within the UK are treated as human rights claims under the Immigration Rules and carry a right of appeal if refused.

Examples of in-country applications that will generally give rise to a right of appeal include:

• Applications based on long residence
• Family applications under Appendix FM (including refusals to extend leave as a spouse, civil partner, or unmarried partner)
• Family applications made under Part 8 of the Immigration Rules
• Applications based on private life
• Applications as a partner or child of a member of HM Forces

In some cases, applications made outside the Immigration Rules for leave to remain may also be considered human rights claims and attract a right of appeal if refused.

For these purposes, a “human rights claim” refers to an assertion that a decision to remove an individual from the UK, require them to leave, or refuse them entry would be unlawful under section 6 of the Human Rights Act 1998.

Applications Made Outside the UK

Certain entry clearance applications submitted from overseas may also engage a right of appeal on human rights grounds where refused.

These typically include:

• Family applications under Appendix FM (such as spouse, civil partner, unmarried partner, fiancé(e), and adult dependent relative visas)
• Family applications under Part 8
• Applications as a partner or child of a member of HM Forces

Where an application is made from outside the UK, a human rights claim outside the Immigration Rules must usually be raised as part of a valid entry clearance application made under the Rules. For example, an applicant seeking a visit visa may assert that refusal would breach their human rights and request that leave be granted outside the Rules.

If the Home Office accepts that a human rights claim has been made, a refusal decision will generally carry a right of appeal.

What Is an Appealable Protection Claim?

This section outlines when an individual may appeal to the First-tier Tribunal (Immigration and Asylum Chamber) in relation to a protection claim.

Protection claims encompass both asylum claims and applications for humanitarian protection. These arise where an individual asserts that they would face a real risk of serious harm if returned to their country of origin, as defined under the Immigration Rules.

A right of appeal will generally arise where the claim involves:

• An assertion that removal from the UK would breach the UK’s obligations under the Refugee Convention; or
• A claim that removal would be contrary to the UK’s obligations towards individuals eligible for humanitarian protection

In such cases, a refusal decision will normally attract a right of appeal to the Tribunal.

How long do I have to lodge my appeal with the First-tier Tribunal?

If you are in the UK and have a right to appeal from within the country, you must submit your appeal within 14 calendar days from the date the decision notice was sent to you.

If you are outside the UK, the deadline is 28 calendar days from the date you receive the decision.

In certain EU Settlement Scheme cases where you have first applied for an administrative review, the time limit for appealing may begin from the date you receive the outcome of that review.

It is important to note that these deadlines are calculated in calendar days rather than working days. However, if the final day of the time limit falls on a non-working day, the appeal will still be considered in time if it is submitted on the next working day. A working day excludes Saturdays, Sundays, Christmas Day, Good Friday, bank holidays, and the period from 27 to 31 December inclusive.

Late appeals may still be accepted if the Tribunal agrees to extend the deadline. In such cases, you must request an extension within your notice of appeal and provide a clear explanation for the delay.

Grounds of Appeal to the Immigration Tribunal

The legal basis for bringing an appeal to the First-tier Tribunal (Immigration and Asylum Chamber) is set out in immigration legislation.

For human rights claims, an appeal can only be made on the basis that the decision is unlawful under section 6 of the Human Rights Act 1998.

Where a protection (asylum) claim has been refused, an appeal must rely on one or more of the following arguments:

• That removing the appellant from the UK would breach the UK’s obligations under the Refugee Convention;
• That removal would violate the UK’s duties towards individuals eligible for humanitarian protection;
• That removal would be unlawful under section 6 of the Human Rights Act 1998, which prevents public authorities from acting incompatibly with Convention rights.

In cases where refugee status or humanitarian protection has been revoked, an appeal may only be brought on the grounds that removal would breach the UK’s obligations under the Refugee Convention or its obligations relating to humanitarian protection.

What happens to my status in the UK during the appeal process? 

If you still had permission to stay in the UK when the Home Office made its initial decision, then your permission to stay is extended. This extension process happens automatically and applies until you receive a decision. If you made your appeal after the deadline, your leave will have expired. The First-tier Tribunal can make an exception only if they grant you permission to submit an out-of-time appeal.

Because your extended stay in the UK is tied to your appeal, you should not leave the UK while awaiting a decision. If you do, the First-tier Tribunal will classify your appeal as abandoned and you may face problems trying to re-enter the UK. Essentially you will no longer have an appeal pending with the First-tier Tribunal and you will no longer have permission to stay in the UK.

Entering the UK after making an appeal from abroad is different. For example, some people apply for a visit visa (if they require one) to give evidence at the appeal hearing. If you do not require a visa to enter the UK, you simply need to disclose your recent refusal and pending application at the UK border. 

What happens after I receive a decision on my appeal to the First-tier Tribunal?

An Immigration Judge of the First-tier Tribunal decides whether or not your appeal is allowed. If it is, the Home Office might appeal the Judge’s decision. If the Home Office’s appeal is dismissed, or if the Home Office is not granted permission to appeal, the Home Office should reverse their original refusal decision so you are given your proper immigration documents and status. 

If your appeal is refused by the First-tier Tribunal judge, it may still be possible to appeal their decision to the Upper Tribunal. Appealing to the Upper Tribunal is the next step in the appeal process and you should seek professional legal advice to determine if this is recommended for your circumstances.

How Can Our Immigration Lawyers Help You?

Our team of specialist immigration lawyers can assist you in relation to your appeal to the First-tier Tribunal (IAC) through expert legal advice, guidance, and representation on a fixed fee basis. Our fixed fee covers all the work in relation to your appeal to the First-tier Tribunal from initial instructions until a decision is reached on your appeal by the tribunal.

Why Choose Our Specialist Immigration Lawyers?

Our expert immigration lawyers have a wealth of experience in handling all types of immigration appeals and have successfully assisted many appellants with appeals before the First-tier Tribunal (IAC). Below is a summary of reasons why we are different and are the right fit for you:

High Quality Advice and Representations

Our team of specialist immigration lawyers handle each case with great care and attention to detail from outset to its conclusion. Our expert immigration lawyers will ensure that your case if progressed in a timely manner and that you receive the highest quality legal advice and representation throughout the life of your retainer. The quality of service provided by our team of specialist immigration lawyers are self-evident from our Google review.

Remote Legal Services

Our team of specialist immigration lawyers can provide you with excellent advice, guidance and legal representations remotely using modern means of communication. Whilst our expert immigration lawyer can meet you face to face in our offices at the heart of London, where a face-to-face meeting is not possible or convenient, our lawyers can represent you remotely without the need for you to attend our offices. Our expert immigration lawyers have successfully represented clients remotely from all four continents without their needing to attend our offices for a face-to-face meeting and can also represent you remotely if necessary.

Specialist Advice and Representation

If instructed, your matter will be assigned to a lawyer with specialist knowledge of immigration law who will handle your matter from initial instructions to its conclusion, and where necessary – such as in complex matters – your immigration lawyer will be assisted by other immigration lawyers to ensure the best possible legal advice and representation.

Fixed Fees With Payment Plan

To help you with certainty regarding the costs of your legal representation, we provide services for a reasonable and affordable fixed fee. To further help our clients manage the costs associated with their application, we can offer an instalment plan so that you can pay your fixed fees in instalments. Please do note, however, that all instalments must be completed before you enrol your biometrics.

Free Immigration Advice Online

Our team of specialist immigration solicitors and lawyers can provide you one-off advice completely free of charge via our online enquiry form.