If an immigration or asylum request is denied and there is a right to appeal, the first court that will usually hear the case is the First-tier Tribunal (Immigration and Asylum Chamber). We take a look at the cases that the court will hear.
The First-tier Tribunal (Immigration and Asylum Chamber)
The First-tier Tribunal hears appeals relating to permission to stay in the UK, deportation from the UK, entry clearance to the UK and deprivation of citizenship as well as immigration bail applications. Most cases take between six and twelve months to be heard.
It is important to have expert representation when making an immigration or asylum appeal. If an appeal is not successful, it may not be possible to make a further appeal. Generally, a further appeal to the Upper Tribunal is only permitted if the decision made by the First-tier court was legally wrong.
The right to appeal an immigration or asylum decision
Immigration and asylum decisions that can be appealed to the First-tier Tribunal (Immigration and Asylum Chamber) are:
- A human rights claim or an asylum claim that has been refused
- Protection status has been revoked because the authorities believe it is no longer required
- British citizenship has been revoked
- A residence document has been refused or an individual is going to be deported
- Status has been refused or revoked or it is intended to deport an individual under the EU Settlement Scheme
- An EU Settlement Scheme travel permit or family permit has been refused or revoked or rights to enter the UK restricted
- A frontier worker’s permit has been refused or revoked or they have been told they are going to be deported
- A healthcare visitor to the UK has had their leave refused or revoked or they have been told that they are going to be deported
There is no right of appeal when the application was made by an extended family member or where the individual in question does not provide a valid national identity document or passport.
If a case is not eligible for an appeal, then there may be other grounds on which an individual can ask for the decision to be looked at again. For example, if the correct procedure was not followed or an error of law made, it may be possible to ask for an administrative review. If the decision was irrational, illegal or unfair, there may be grounds to request a judicial review.
Making an appeal
An appeal can be made online or by way of paper application. The Tribunal needs to be sent notice that its decision is being appealed.
The hearing itself can be dealt with by way of submission, with the judge reading the documents and making a written decision without anyone present. Alternatively, the person lodging the appeal can choose to attend a hearing in person to give evidence.
There are tight timescales for lodging an appeal, namely 14 days from the date of the decision when the appellant is within the UK and 28 days if they are overseas.
Contact our expert immigration and asylum solicitors
If you have been refused the immigration or asylum status you need, our lawyers can represent you in requesting an appeal.
To speak to our expert immigration and asylum solicitors in Manchester, ring us on 0161 795 9955 or fill in our contact form and we will call you back.
We deal with immigration and asylum appeal cases for clients wishing to remain in England and Wales.