If you have received a decision from the UK’s Home Office that you do not agree with, the letter explaining the outcome will tell you whether you have the right to appeal and how to appeal. Unfortunately, not everyone can appeal against a decision made by the Home Office, but in most cases, even where the right of appeal is not available, there are other ways to resolve the matter and secure your immigration status in the UK. In this article, we will explain whether you can appeal, the general immigration appeal process, and what you can do to ensure your appeal is successful.
Table of Contents
Can I Appeal Against a Home Office Decision?
The right of appeal in immigration cases is only reserved for matters relating to human rights, EU/EEA law, and British citizenship; your Home Office decision letter will explain whether you have the right of appeal. You will most likely have the right of appeal if you have received any of the following decisions from the Home Office:
- Refusal or revocation (i.e. removal) of your humanitarian protection/asylum claim
- Refusal of your human rights claim
- Refusal of a residence document under the Immigration (European Economic Area) Regulations 2016
- Deportation under the Immigration (European Economic Area) Regulations 2016
- Revocation of your British citizenship
- Refusal or revocation of your status, variation of the duration or condition of your stay, or deportation under the EU Settlement Scheme (EUSS)
- Refusal, revocation, or restriction of your rights relating to a travel permit or family permit under the EUSS
- Refusal, revocation, or deportation if you are a frontier worker or an S2 healthcare visitor.
If you do not have the right of appeal, please be assured that you may still have one or more options available to you, including submitting a fresh application, administrative review, judicial review, and applying for a different type of visa.
How Can I Appeal a Home Office Decision?
Your decision letter from the Home Office will explain the appeal process, including the deadlines you must meet in order to have your appeal considered. The general steps involved in a Home Office appeal are as follows:
If you need guidance on appealing against the Home Office, we are here to help!
Request an Appeal
The first stage in the appeal process is to prepare and submit your appeal application on the MyHMCTS website. You must submit your appeal application within 14 days if you are inside the UK or 28 if you are outside the UK. As part of this process, you will also be able to upload any evidence/documents in support of your appeal and request an oral hearing in front of the First-tier Tribunal (Immigration and Asylum Chamber). It is your choice whether you wish to have an oral tribunal hearing; however, it is essential to bear in mind that without a hearing, the tribunal will make its decision based entirely on the documents and information you have uploaded.
Depending on your financial status, you may also need to pay an appeal fee of £80 if you choose not to have a hearing or £140 if you have a hearing. For some appeals, such as those relating to the refusal of EU Settlement Scheme, frontier worker or S2 healthcare visitor applications, there is no fee payable.
Attend an Appeal Hearing
If you requested an appeal hearing, you will receive a letter or email explaining when and where to attend (or if and how you can attend remotely). Even if you did not request a hearing, you may be asked to attend an oral hearing based on the circumstances of your case.
Your matter may be resolved in one hearing, but if there is not enough time on the day, you may be invited to attend a subsequent hearing.
Receive Your Appeal Decision
You may receive a decision on your appeal at the end of your hearing or later in writing (either way, you will receive a written copy of the outcome). Your appeal with either be allowed or dismissed. An allowed appeal does not mean that you can stay or enter the UK, but it does mean that the Home Office will now be forced to reconsider your case based on the new information available. If your appeal is dismissed, this means that the tribunal does not see any reason to disagree with the Home Office’s decision to refuse your application or revoke your immigration status.
If you are not satisfied with the outcome of your appeal, you may be able to appeal to the Upper Tribunal if the law was incorrectly interpreted, the wrong law was applied, the First Tier tribunal did not follow the correct process, or if there is no evidential basis for the decision made.
Final Words
To have the very best chance of achieving a positive outcome in your appeal case, it is important to have a strong understanding of the applicable immigration law and the appeal procedures followed by the tribunal. This is why engaging the services of an immigration Solicitor with expertise in appeal cases is highly recommended. Experienced UK immigration solicitors will understand:
- Why your immigration application or status was refused or revoked
- The steps in the appeal process and deadlines
- The precise legal basis for challenging a Home Office decision in your case
- The applicable immigration law
- The arguments and evidence necessary to bring a successful appeal
- How to respond to any questions raised by the First or Upper Tier tribunal
Gulbenkian Andonian specialises in the most complex and urgent immigration applications and appeal cases. Our immigration appeal Solicitors have successfully assisted many individuals and their family members in overcoming overwhelming odds to remain in the UK; let us do the same for you. Call us on +44 (0) 207 269 9590 or fill out the form below to discuss your matter with one of our friendly and empathetic team.
At Gulbenkian Andonian, we pride ourselves on “Excellence, Experience and Efficiency”. With over 35 years of experience on your side, our team of London based lawyers and solicitors have a wealth of experience advising individuals, families and businesses of all sizes to find clarity on UK law. Call us on +44 (0) 207 269 9590 or fill out the form below. We usually reply within a few hours. Neither Gulbenkian Andonian Solicitors ltd, nor their employees, agents, consultants or assignees, accept any liability based on the contents of written articles which are meant for guidance only and not as legal advice. We advise all readers to take professional advice before acting. If you would like to consult with a professional lawyer or solicitor to discuss your case, please do not hesitate to contact us directly. This site uses reCAPTCHA and is protected by the Google privacy policy and terms of service.Ask our Expert Legal Team
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Dr Bernard Andonian – the Co-Founder of Gulbenkian Andonian Solicitors, is an experienced Immigration Solicitor, former Judge, and recipient of a PhD in Law from the University of West London. He has over four decades of experience practising UK Immigration, Human Rights and Civil Litigation Law. He has served on the Law Society Immigration Law Panel, achieved numerous groundbreaking decisions in higher courts and is featured in the Legal 500’s Hall of Fame.
