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Immigration appeal to the First-tier Tribunal

You can only appeal to the First-tier Tribunal (Immigration and Asylum Chamber) if the decision carries a right of appeal, mainly a refused protection claim, a refused human rights claim, or a revoked protection status. The fee is £82 without a hearing or £144 with one, and the notice of appeal must reach the tribunal within 14 days if you are in the UK or 28 days if you are outside it.

An immigration appeal is a hearing in front of an independent judge. The Home Office is the other side, represented by a presenting officer. It is a different thing from an administrative review, which is a Home Office check of its own decision, and it is available for far fewer decisions than people expect.

This guide explains who can appeal, the grounds the tribunal may look at, the deadlines and fees, how to lodge an appeal, what a hearing is like and what happens if you win or lose. The figures and rules come from GOV.UK, the Nationality, Immigration and Asylum Act 2002 and the tribunal's procedure rules, all read on 9 October 2026. It explains how the system works. It does not say whether you have a case.

Who has a right of appeal

GOV.UK says you can only appeal "if you have the legal right to appeal" and that you will "usually be told if you do in your decision letter". The right comes from section 82(1) of the Nationality, Immigration and Asylum Act 2002. A person may appeal where the Secretary of State has decided:

  • to refuse a protection claim (an asylum or humanitarian protection claim);
  • to refuse a human rights claim; or
  • to revoke the person's protection status.

GOV.UK's appeal page also lists some decisions that sit under other legislation: refusals or revocations under the EU Settlement Scheme, EU Settlement Scheme travel and family permits, frontier worker permits, S2 healthcare visitor permits, refusals of residence documents or deportation under the Immigration (European Economic Area) Regulations 2016, and the revocation of British citizenship.

A "human rights claim" has a specific legal meaning. Section 113 defines it as a claim made to the Secretary of State "that to remove the person from or require him to leave the United Kingdom or to refuse him entry into the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998". That is why some family refusals carry an appeal and most work, study and visitor refusals do not. Whether your refusal is a refusal of a human rights claim is not something to guess: the decision letter says whether there is a right of appeal, and if it says there is not, GOV.UK says you may be able to ask for an administrative review instead.

If you have no right of appeal and no administrative review, the other routes are a new application or, if the decision was unlawful rather than simply wrong, judicial review. Our guide to a refused UK visa sets the three side by side.

What the tribunal can look at

An appeal is not a general chance to say the decision was unfair. Section 84 limits the grounds. An appeal against the refusal of a human rights claim "must be brought on the ground that the decision is unlawful under section 6 of the Human Rights Act 1998". An appeal against the refusal of a protection claim can be brought on three grounds: that removal would breach the UK's obligations under the Refugee Convention, that it would breach its obligations to people eligible for humanitarian protection, or that removal would be unlawful under section 6 of the Human Rights Act. An appeal against revocation of protection status can be brought on the Refugee Convention or humanitarian protection grounds.

Section 85 sets out what the judge considers. The tribunal may consider "any matter which it thinks relevant to the substance of the decision, including a matter arising after the date of the decision". That means evidence of events since the refusal can be put forward, which is a real difference from an administrative review, where new evidence is mostly left out.

There is a limit on that. Section 85(5) says the tribunal "must not consider a new matter unless the Secretary of State has given the Tribunal consent". A "new matter" is a ground of appeal the Home Office has not previously considered in the context of the decision under appeal or a statement you made under section 120. In practice this is a reason to put every ground you rely on to the Home Office early, not to hold some back for the hearing.

Section 85(1) also treats an appeal as including an appeal against any other decision you have a right of appeal against. The fee, however, is charged per appealable decision, as the fee section below explains.

Deadlines

The time limit is in rule 19 of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014, and GOV.UK repeats it in plain English.

  • If you are in the UK: 14 days. The rule says the notice of appeal must be received "not later than 14 days after they are sent the notice of the decision". GOV.UK's wording is 14 days "from the date you received the decision letter".
  • If you are outside the UK: 28 days after you receive the notice of the decision.
  • If your decision letter says you must leave the UK before you can appeal: 28 days after you left the UK. Rule 19(3)(a) applies where you were in the UK when the decision was made and the 2002 Act says you cannot appeal while you are here.

Notice that the rule counts from when you were sent the decision, and GOV.UK counts from when you received it. Do not rely on the later date. Keep the email, the envelope and any delivery record, and treat the earlier date as your deadline if you are unsure.

The notice has to be received by the tribunal, not just posted. If it arrives late you must explain why, and the tribunal decides whether it can still hear the appeal. GOV.UK gives no guarantee that it will. Fourteen days is short: it includes weekends, and it includes the time you spend finding out whether you have a right of appeal in the first place.

The tribunal's own guidance, and the letter, can differ from these dates for special cases such as EU Settlement Scheme decisions, where an administrative review can come first. If your letter gives a different time limit, follow the letter and confirm it with the tribunal on 0300 123 1711 (Monday to Friday, 9am to 4pm), which cannot give legal advice.

The fee

Article 3 of the First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011, as amended from 13 July 2026, sets the fee:

  • £82 where you agree to the appeal being decided without a hearing;
  • £144 where you do not agree, so the appeal is decided at a hearing.

If you pay £82 and later withdraw your consent to a paper decision, the £62 difference becomes payable, unless the tribunal decides the appeal can justly be decided without a hearing. One fee is payable for each appealable decision in a notice that contains more than one.

GOV.UK says you may not have to pay if you get asylum support, get legal aid, or get services from your local council and are under 18. Separately, you may get help with court fees if you have little or no savings, are on certain benefits or have a low income. Contact the tribunal if you are not sure whether you must pay.

If you win, the judge may order the Home Office to pay a "fee award" up to the amount you paid. GOV.UK says to email the Home Office appeals fees enquiries address if you have not received it after 60 days, quoting your Home Office reference, your appeal reference and the date of the decision.

An appeal fee is separate from your visa application fee and, where relevant, the Immigration Health Surcharge. Compare it with the £80 administrative review fee and the cost of a new application before deciding which remedy is open and affordable.

How to lodge the appeal

There are two routes.

Online. If you are appealing for yourself you can use the GOV.UK appeal service, which GOV.UK says is quicker than post or email. You create an account and need your Home Office reference number (on the decision letter), the documents you want to rely on, and an email address or mobile number. You can add documents, ask for a hearing, ask for adjustments such as an interpreter or wheelchair access, and see the decision online. You cannot use it if you are detained in an immigration removal centre or prison and representing yourself.

Post or email. Use form IAFT-1. The tribunal then tells you what to do next, which may include paying the fee. If it needs more information you use form IAFT-2, and if you need support at the hearing you use form IAFT-3.

Solicitors and IAA-registered advisers must appeal through the MyHMCTS service.

Rule 19 says what the notice must contain. It must identify which of the available statutory grounds you rely on, and it must be signed and dated by you or your representative. A representative must certify that it was completed in accordance with your instructions. You must also provide the notice of decision you are appealing (or explain why you cannot), any statement of reasons, any supporting documents the Home Office has not already seen, and an application for the Lord Chancellor to issue a certificate of fee satisfaction (the route for people who do not have to pay the fee in full).

Documents not in English need translations: the tribunal's guide for unrepresented appellants says only documents in English will be looked at.

In the UK or from abroad

Where you are when you appeal matters. Section 92 of the 2002 Act decides the place from which an appeal may be brought.

For an appeal against the refusal of a human rights claim, if the claim was made while you were in the UK the appeal is brought from within the UK, unless the Home Office has certified the claim under section 94(7) (removal to a safe country) or section 94B. If the claim was made while you were outside the UK, the appeal "must be brought from outside the United Kingdom". If you bring an appeal from inside the UK and then leave before it is decided, section 92(8) treats it as abandoned, unless the claim has been certified.

While an in-country appeal is possible or pending, section 3C of the Immigration Act 1971 can extend your existing permission, but only if you applied for variation before that permission expired, and only while the appeal could be brought or is pending. Section 3C(3) says the extended leave lapses if you leave the UK. Whether it applies to you depends on when you applied, so check the dates before you travel.

Paper decision or hearing

On the application you choose between a decision on the papers or a hearing. The tribunal can still decide to hold a hearing if you did not ask for one. If it does not, a judge decides from your appeal form and documents.

Hearings are in public. You can ask for a private hearing or a video link, but you must give a reason, such as a public hearing putting you in danger. You can ask for a male or female judge if the issues make that appropriate, and the tribunal decides whether it can. You can ask for an interpreter, and must name the language and dialect.

The tribunal's guidance for people without a representative describes the day. Hearing centres are in Belfast, Birmingham, Bradford, Glasgow, Hatton Cross, London (Taylor House), Manchester, Newport, Nottingham and North Shields. Cases are listed for 10am and the guidance asks you to arrive by 9.45am. The judge decides the order of cases, so you may wait. Bring your notice of hearing and the originals of the documents you rely on. Your case may be on a "float list", in which case it goes to the first judge available and can be relisted if not reached.

In the room there is normally a judge (sometimes with other members), a clerk, a Home Office presenting officer, and any interpreter or witnesses. You normally give your evidence first and are questioned by the presenting officer and perhaps the judge. The presenting officer then argues why the appeal should be dismissed, and you have the last word. If you cannot attend, tell the tribunal as soon as you know and apply to adjourn, with medical evidence if illness is the reason. If several family members have appeals, the guidance says to ask the tribunal to link them so they are heard together.

Urgent cases: you can ask for an expedited hearing at any point. It costs nothing to ask, but you must have paid the appeal fee first (if one applies) and give evidence of compelling or compassionate grounds, for example a letter from a doctor.

After the decision

The decision is normally given in writing, usually within 4 weeks of the hearing on GOV.UK's current wording (the older tribunal guide says 3 to 4 weeks). You will not usually hear the result on the day.

If the appeal is allowed, GOV.UK is plain that this "does not automatically mean you'll be able to enter or stay in the country". It may simply mean the Home Office has to reconsider. The Home Office changes its decision, and may look at the whole application again if your circumstances have changed since you first appealed.

If the appeal is dismissed, the Home Office's decision stands. If you think the tribunal made a legal mistake, for example got the law wrong, used the wrong law, followed the wrong procedure, or had no evidence for its decision, you can ask for permission to appeal to the Upper Tribunal. You ask the First-tier Tribunal first, using the form sent with your decision, within 14 days (inside the UK) or 28 days (outside the UK) of the date on the written reasons. There is no fee. If the First-tier Tribunal refuses, you can ask the Upper Tribunal directly: 14 days after the date on the decision if you are inside the UK, or one month if outside.

Judicial review is separate. It is for decisions that were unlawful, not merely wrong. The request must reach the Upper Tribunal no later than 3 months after the decision, and the initial application costs £179, with a further £897 if permission is granted and the case goes to a final hearing.

Representation, cost and when people get help

You may represent yourself, and the tribunal publishes guidance for people who do. Only certain people can represent you for payment: an IAA adviser registered at Level 3, a solicitor, a barrister or another authorised lawyer. GOV.UK's adviser guidance says "only a level 3 adviser can appear on your behalf at an immigration tribunal". Our guide on who can represent you at an immigration appeal explains the rule.

People tend to bring in a regulated adviser at the grounds-of-appeal stage, because the notice must name statutory grounds, because the 14-day clock is short, and because a ground the Home Office has not considered is a "new matter" that needs its consent under section 85. A typical engagement starts with a client care letter setting out the work, the fee and what is and is not included, for example whether the hearing itself is covered. GOV.UK says legal aid may help pay for advice or representation at a tribunal if you are eligible; our guide to legal aid for immigration sets out what is covered.

The Migratio directory lists IAA-registered advisers (with their level) and SRA-regulated solicitors, each with their regulator and registration number. Migratio is not regulated by the IAA or the SRA and does not give immigration advice. This page explains how the rules work; it does not tell you what to do in your case.

Questions people ask

How long do I have to appeal an immigration decision to the tribunal?

14 days if you are in the UK and 28 days if you are outside it. The 2014 procedure rules count from when you were sent the decision in the UK and from when you receive it outside; GOV.UK says to count from receipt. If the letter says you must leave the UK before appealing, you have 28 days from the date you left.

How much does an immigration appeal cost?

£82 if you agree to a decision without a hearing and £144 if you want a hearing. You may not have to pay if you get asylum support or legal aid, or are under 18 and get council services. The judge can order a fee award if you win.

Can I appeal a refused work, study or visit visa?

Not usually. A right of appeal comes mainly from a refused protection claim, a refused human rights claim or revoked protection status. Work and study route refusals more often carry an administrative review, and visitor refusals neither. Your decision letter says which applies.

Do I need a solicitor to appeal?

No, you can represent yourself and the tribunal publishes guidance for you. If you pay someone to represent you at the tribunal they must be a Level 3 IAA adviser, a solicitor, a barrister or another authorised lawyer.

What happens if I win my immigration appeal?

GOV.UK says winning does not automatically mean you can enter or stay. The Home Office must change its decision and may reconsider the application. The judge may also order the Home Office to pay back the appeal fee.

Can I stay in the UK while my appeal is pending?

If you applied before your permission expired, section 3C of the Immigration Act 1971 can extend it while an in-country appeal could be brought or is pending. It lapses if you leave the UK, and an in-country appeal is treated as abandoned if you leave before it is decided.

Sources

Last checked 2026-10-09.

Related guides

  • UK visa refused: appeal, administrative review or reapply? — Your refusal letter says whether you can ask for an administrative review (£80; 14 days in the UK, 28 days outside, 7 if detained) or appeal to the First-tier Tribunal (£82 or £144; 14 or 28 days). Appeals are only for refused protection or human rights claims and a few other decision types. Making a new application withdraws a pending administrative review.
  • Administrative review of a UK visa refusal — Administrative review is a Home Office check of whether a refusal was caused by a caseworking error. It costs £80 and must be requested online within 14 days if you were in the UK, 28 days if you applied from outside, or 7 days if detained. It only covers routes listed in Appendix AR, usually ignores new evidence, and GOV.UK says results can take 12 months or more.
  • Who can represent you at an immigration appeal — At the First-tier Tribunal (Immigration and Asylum Chamber) you can be represented by anyone not prohibited by section 84 of the Immigration and Asylum Act 1999: in practice a Level 3 IAA-registered adviser, a solicitor, a barrister or another authorised lawyer. You can also represent yourself. Judicial review in the Upper Tribunal needs a representative with rights of audience in the High Court.
  • Spouse visa refused: options and deadlines — A refused UK partner (spouse) application is not on the administrative review list. You can appeal to the First-tier Tribunal only if the decision refused a human rights claim, which your decision letter should say; the deadline is 14 days in the UK or 28 days outside it and the fee is £82 or £144. Otherwise the usual step is a new application at £2,064 (outside the UK) or £1,407 (inside), plus the healthcare surcharge.
  • Legal aid for immigration: what is covered — In England and Wales, legal aid covers only the immigration matters listed in LASPO 2012 Schedule 1: mainly asylum and protection, detention, trafficking and modern slavery, domestic abuse settlement, and some judicial reviews. Most other matters need exceptional case funding. You usually also have to pass a means test.
  • Section 3C leave: your status while a decision is pending — If you apply to extend or change your UK leave before it expires, section 3C of the Immigration Act 1971 extends that leave on the same conditions until the application is decided, and while an appeal or administrative review is possible or pending. It does not apply to late or invalid applications, and it ends if you leave the UK.