How Immigration Appeals Work - Understanding the Immigration Tribunal

Most UK immigration decisions do not include appeal rights. The Immigration Act 2014 significantly reduced the number of cases that can be appealed. This guide explains which cases can be appealed and how to do so.

Appealable decisions

Appeals are limited to refusals on:

• Human rights grounds
• International protection (asylum) claims
• EU Settlement Scheme decisions

Where to appeal

When available, appeals are typically heard by the First-tier Tribunal (Immigration and Asylum), operating across the UK under HM Courts and Tribunals Service.

Appeal Process

Appeals follow different procedures depending on whether filed from within or outside the UK, but they must be filed within strict timeframes:

• 14 days if inside the UK
• 28 days if outside the UK

The process of appealing involves:

1. Submitting an appeal application (usually online via MyHMCTS)
2. Providing supporting documentation
3. Potentially attending a hearing (in person or remotely)

If you want to appeal, we suggest seeking advice from qualified solicitors or accredited immigration advisers. These processes are complex cases, given the technical nature of immigration law.

Further Appeals

Unsuccessful appellants may seek permission for onward appeals on legal grounds to:

1. Upper Tribunal
2. Court of Appeal (or Court of Session in Scotland)
3. UK Supreme Court

However, the changes get slimmer every time, so it's essential to seek immigration advice the first time and ensure the first appeal is made to a high standard.

Also Read >> How Do I Choose the Right Immigration Lawyer in the UK?