In some, but not all, cases you will be able to challenge the Home Office’s decision to refuse an application.
You have the right to appeal to the First Tier Tribunal (Immigration and Asylum Chamber) on the following Home Office decisions:
- Decisions to refuse or revoke protection status, i.e. refugee status or humanitarian protection;
- Decisions to refuse a human rights claim, e.g. an application on the basis of private and family life;
- Decisions to revoke British citizenship; and
- Decisions to refuse, revoke or vary status under European law.
Note that the tribunal is independent of the Home Office and thus is meant to provide a fair approach by listening to both applicants and the Home Office.
Grounds of appeal
When you apply to appeal, you need to state which “grounds” you are relying on. The grounds are the legal reasons or legal basis for your appeal and are limited to:
- your removal or the revocation of your protection status would breach the UK’s obligations under the Refugee Convention, in relation to persons eligible for a grant of Humanitarian Protection, or under the Human Rights Act;
- the decision is unlawful under section 6 of the Human Rights Act; or
- a decision regarding an EEA national, the decision is not in accordance with EU law.
If the appellant has been given an in-country right of appeal, they will usually need to lodge their appeal with the First-tier Tribunal within 14 days of the Home Office decision.
If the appellant has been given an out-of-country right of appeal, they will need to lodge their appeal with the First-tier Tribunal within 28 days of the Home Office decision. If the appellant has to leave the UK before being able to lodge their appeal, they will have 28 days from the date they leave the country.
In only exceptional circumstances will the Tribunal agree to consider out-of-time appeal applications.
Separate to any appeals process, in the first instance, and even if there is no right of appeal, you may be able to apply for an Administrative Review of the refusal decision. Administrative Review is on the basis of an alleged case-working error having been made.
How can Gherson help you?
Gherson is proud of its expertise in preparing people for the Appeals process. If you are in need of any guidance and would like our assistance, please contact us to discuss your immigration matter, send us an e-mail, or alternatively, follow us on Twitter, Facebook, or LinkedIn to stay-up-to-date.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.