Immigration Appeals Procedure
If the Home Office refuses your visa or immigration application, you may have a right to appeal the decision. Appeals of immigration decisions go to the First-tier Tribunal (Immigration and Asylum Chamber), an independent judicial body. The tribunal judges can reconsider the Home Office’s decision on the law and facts of your case. You can appeal for refusals such as asylum or humanitarian protection claims, human‐rights or EEA family applications, revocation of citizenship, and refusals under the EU Settlement Scheme. Not all refusals are appealable – your decision letter will say if you cannot appeal. If you have no statutory right to appeal, you may instead apply for an administrative review.
If You Can Appeal to the Tribunal
First read your refusal letter very carefully. It will state if you have appeal rights and give the deadline (usually 14 days from the date of notice if you are in the UK, or 28 days if abroad). You must lodge your appeal within this time, or the opportunity is lost.
- Lodge your appeal: Use the HMCTS online service (MyHMCTS) or the relevant paper forms.
- Compile evidence: Include your refusal notice, application, financial or medical documents, and witness statements.
- Request a hearing: Decide between a paper appeal or an oral hearing (telephone, video, or in person).
- Receive a decision: The judge’s written decision is usually sent 3–4 weeks after the hearing. Most appeals take 6-12 months to conclude.
If You Cannot Appeal (Administrative Review)
If the refusal letter shows you have no appeal rights, you may ask the Home Office for an administrative review of the decision. Administrative review is an internal check by a different caseworker to see if the original decision contained a clear error. It is not decided by a judge and does not involve a hearing. You usually cannot submit any new evidence – only obvious mistakes can be corrected.
Apply online (visa fee £80) within the specified deadline (14 days in-country; 28 days abroad). The review decision is final; there is no tribunal hearing. If the review upholds the original refusal, your remaining options are typically to submit a fresh application or, in rare cases, pursue a judicial review in the High Court.