Immigration Appeal

Some Home Office decision attracts appeal rights under Section 82 of the Nationality, Immigration and Asylum Act 2002 (NIAA 2002) and Regulation 36 of the Immigration (European Economic Area) Regulations 2016. The Appeal can be lodged by online or by post to the First-tier Tribunal (FTT) (Immigration and Asylum Chamber).

Not all Immigration decision attracts appeal rights Under Section 82 of the Nationality, Immigration and Asylum Act 2002.
You can only appeal to the Tribunal if you have the legal right to appeal. You will usually be informed in your refusal decision if you have a right of appeal against the Home Office’s decision.
Under section 82 of the Nationality, Immigration and Asylum Act 2002, a person may appeal to the First-tier Tribunal (Immigration and Asylum Chamber) where a decision has been made to either:
• refuse a protection claim
• refuse a human rights claim
• revoke protection status

(1) An appeal under section 82(1)(a) (refusal of protection claim) must be brought on one or more of the following grounds:
(a)that removal of the appellant from the United Kingdom would breach the United Kingdom’s obligations under the Refugee Convention;
(b)that removal of the appellant from the United Kingdom would breach the United Kingdom’s obligations in relation to persons eligible for a grant of humanitarian protection;
(c)that removal of the appellant from the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to Human Rights Convention).

(2) An appeal under section 82(1)(b) (refusal of human rights claim) must be brought on the ground that the decision is unlawful under section 6 of the Human Rights Act 1998.

(3) An appeal under section 82(1)(c) (revocation of protection status) must be brought on one or more of the following grounds:
(a)that the decision to revoke the appellant’s protection status breaches the United Kingdom’s obligations under the Refugee Convention;
(b) that the decision to revoke the appellant’s protection status breaches the United Kingdom’s obligations in relation to persons eligible for a grant of humanitarian protection.

In-Country Appeal

You have 14 days to appeal after the date of your decision. The Tribunal has discretion to extend the time limit to lodge the appeal under certain circumstances.

Out-of-Country Appeal

You have 28 days to appeal after you have been served with your refusal decision. If you have to leave the country before you are allowed to appeal, you have 28 days to appeal once you have left the country. Again, in certain circumstances, the Tribunal has discretion to extend the time limit to lodge the appeal.
The First-tier (Immigration and Asylum Chamber) is independent of the Home Office. A judge will listen to both sides of the arguments before making a decision. You can request your appeal to be decided by either an oral hearing or on the papers i.e. without a hearing.