How to Appeal against a visa or immigration decision

how_to_appeal_uk_visa_rejection
1. Overview
You might be able to appeal to the First-tier Tribunal (Immigration and Asylum Chamber) if the Home Office has:
  • refused your protection claim (also known as ‘asylum claim’ or ‘humanitarian protection’)
  • refused your human rights claim
  • made a decision under the European Economic Area (EEA) Regulations, eg the Home Office has decided to deport you or refused to issue you a residence document
  • decided to revoke your protection status
  • decided to take away your British citizenship
You might also be able to appeal to the First-tier Tribunal (Immigration and Asylum Chamber) about a Home Office decision on an application submittedbefore 6 April 2015.
The tribunal is independent of government. A judge will listen to both sides of the argument before making a decision.

You might be able to ask the Home Office for an administrative review if you don’t have the right to appeal.

Help you can get
You can get help and advice from a solicitor or an immigration adviser.
You can also contact Citizens Advice.
Read the guide on representing yourself if you’re not going to have a legal representative.

You may be able to get asylum support (eg housing and money) if you’ve been refused asylum.

Contact the tribunal if you have any questions about your appeal. The tribunal can’t give you legal advice.

First-tier Tribunal (Immigration and Asylum Chamber)customer.service@hmcts.gsi.gov.uk
Telephone: 0300 123 1711
Monday to Friday, 8:30am to 5pm
Find out about call charges

Urgent appeal applications
You need to write to the tribunal with:
  • the reason why your case should be heard urgently
  • evidence of compelling or compassionate grounds, eg letters from a doctor or hospital

You should write ‘expedite requests’ on the top of any documents you send with your application.

A judge will review your evidence and decide whether your application should be heard sooner than usual.
Your application will only be reviewed if you’ve paid your tribunal fee (if you need to pay one).
Where to send your application
Send your reasons for the urgent appeal and evidence to the tribunal.

Expedite Requests The First-Tier Tribunal
Office of the Duty Judge
Expedited Appeal Hearing Requests
First-tier Tribunal (Immigration and Asylum Chamber)
PO Box 6987
Leicester LE1 6ZX

Contact the tribunal to check if your application has been received.

Expedite Requests The First-Tier Tribunal
customer.service@hmcts.gsi.gov.uk
Fax: 0870 739 5895

2. Appeal from within the UK
You can only appeal to the tribunal if you have the legal right to appeal – you’ll usually be told if you do in your decision letter.
Talk to a solicitor or a immigration adviser if you’re not sure.
Read the guide on representing yourself if you’re not going to have a legal representative.
Your decision letter will tell you if you can apply for an administrative review if you don’t have the right to appeal.
How to appeal
You have 14 days to appeal after the date of your decision.
If you apply after the deadline, you must explain why – the tribunal will decide if it can still hear your appeal.

Apply online if you can – online appeals are quicker than post or fax appeals.

What you’re appealing
How you can apply
Your human rights or protection claim has been refused while you’re in the UK
Online or by post or fax with form IAFT-5
A decision made under the European Economic Area (EEA) Regulations, eg the Home Office has refused to issue you a residence document
Online or by post or fax with form IAFT-5
A decision by the Home Office to deport you (as an EEA National)
Online or by post or fax with form IAFT-5
A decision where you’ve been detained and your decision letter was sent by the Detained Asylum Casework team at the Home Office
By post or fax withform IAFT-5A
A decision to remove your UK citizenship
Online or by post or fax with form IAFT-5
A decision to take away your protection status
Online or by post or fax with form IAFT-5
Certain decisions about applications submitted before 6 April 2015
Online or by post or fax with the relevant form
If you’re appealing by post or fax, download and fill in the relevant form. Send or fax it with copies of the documents that support your appeal to the address on the form.
Ask for an oral hearing
You can ask on your appeal form for a decision to be made either:
  • just on the information in your appeal form and any documents supplied to the tribunal
  • at a hearing that you or your representative can attend
The tribunal can decide to have a hearing even if you don’t ask for one. You’ll be told if this is the case and invited to attend.
If the tribunal doesn’t hold a hearing, a judge will decide your case based on your appeal form and the documents.
Hearings are carried out in public. You can ask for it to be held in private or to attend by video link, but you must have a reason, eg a public hearing would put you in danger.
You can ask for a male or female judge if you think there are issues in your appeal that make it appropriate. The tribunal will decide if it can do this.
Special requirements
Contact the Customer Enquiry Unit before your hearing if you need any special help, eg you need wheelchair access.

Customer Enquiry Unit
Telephone: 0300 123 1711
Monday to Friday, 8.30am to 5pm
Find out about call charges

Fees
It costs:
  • £80 without a hearing
  • £140 with a hearing
You may not have to pay if you’re getting:
  • asylum support
  • legal aid
  • services from your local council and you’re under 18
Read the tribunal fees guidance for more information.
Contact the tribunal if you’re unsure if you have to pay a fee.

First-tier Tribunal (Immigration and Asylum Chamber)customer.service@hmcts.gsi.gov.uk
Telephone: 0300 123 1711
Find out about call charges

3. Appeal from outside the UK
You can only appeal to the tribunal if you have the legal right to appeal – you’ll usually be told if you do in your decision letter.

If you’ve been refused a tier 1, 2, 4 or 5 visa you may be able to ask for the decision to be reviewed at an administrative review – your refusal letter will tell you if you can.

Talk to a solicitor or a immigration adviser if you’re unsure whether you can appeal.
Read the guide on representing yourself if you’re not going to have a legal representative.
How to appeal
You have 28 days to appeal after you get your decision. If you have to leave the country before you’re allowed to appeal, you have 28 days to appeal once you’ve left the country.
If you apply after the deadline, you must explain why – the tribunal will decide if it can still hear your appeal.

Apply online if you can – online appeals are quicker than post or fax appeals.

What you’re appealing
How you can apply
A decision to refuse a human rights claim for entry clearance
Online or by post or fax with form IAFT-6
A human rights or protection refusal (where you can only apply after you’ve left the country)
Online or by post or fax with form IAFT-7
A decision by the Home Office to deport you as a European Economic Area (EEA) National
Online or by post or fax with form IAFT-5
Your application for an EEA family permit as a family member of anEEA national was refused by the Home Office under the EEARegulations
Online or by post or fax with form IAFT-6
Certain decisions about applications submitted before 6 April 2015
Online or by post or fax with the relevant form
If you’re appealing by post or fax, download and fill in the relevant form. Send or fax it with copies of the documents that support your appeal to the address on the form.
Ask for an oral hearing
You can ask on your appeal form for a decision to be made either:
  • just on the information in your appeal form and any documents supplied to the tribunal
  • at a hearing that your representatives can attend
The tribunal can decide to have a hearing even if you don’t ask for one. You’ll be told if this is the case.
If the tribunal doesn’t hold a hearing, a judge will decide your case based on your appeal form and documents.
Hearings are carried out in public. You can ask for it to be held in private or to attend by video link, but you must have a reason, eg a public hearing would put you in danger.
You can ask for a male or female judge if you think there are issues in your appeal that make it appropriate. The tribunal will decide if it can do this.
Special requirements
Contact the Customer Enquiry Unit before your hearing if any special help is needed, eg someone attending on your behalf needs wheelchair access.

Customer Enquiry Unit
Telephone: +44 (0)300 123 1711
Monday to Friday, 8.30am to 5pm
Find out about call charges

Fees
It costs:
  • £80 without a hearing
  • £140 with a hearing
You may not have to pay if you get legal aid.
Read the tribunal fees guidance for more information.
Contact the tribunal if you’re not sure if you have to pay a fee.
First-tier Tribunal (Immigration and Asylum Chamber)customer.service@hmcts.gsi.gov.uk
Telephone: +44 (0)300 123 1711
Source :https://www.gov.uk/immigration-asylum-tribunal/appeal-from-within-the-uk
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