Which body hears immigration appeals in the UK?
Most immigration appeals are heard by the First-tier Tribunal (Immigration and Asylum Chamber). Appeals against the First-tier Tribunal's decisions go to the Upper Tribunal (Immigration and Asylum Chamber). Judicial review of immigration decisions that cannot be appealed can also be brought in the Upper Tribunal.
What is administrative review and when is it used instead of an appeal?
Administrative review is available for certain visa refusals where there is no right of appeal. It asks the Home Office to review the decision for caseworker error. It is not a full appeal but it is faster and cheaper. You must apply within 14 days if you are in the UK or 28 days if outside the UK. It is not appropriate for asylum or human rights grounds.
How do I lodge an immigration appeal in the UK?
You lodge an appeal using form IAFT-1 (Notice of Appeal to the Immigration and Asylum Chamber). You must do so within 14 days of receiving the decision if you are in the UK detained, or 28 days if you are in the UK but not detained, or 28 days if outside the UK. The fee is £80 for an appeal decided on the papers and £140 for an oral hearing.
What grounds can I rely on in an immigration appeal?
You can appeal on grounds that the decision is not in accordance with the immigration rules, that it breaches your rights under the European Convention on Human Rights (particularly Article 8, the right to family and private life), or on asylum and protection grounds. EU Settlement Scheme refusals have their own appeal route.
Is legal aid available for immigration appeals in the UK?
Legal aid is available for asylum appeals and some human rights appeals in England and Wales, but only through a provider with a Legal Aid Agency immigration contract. For non-asylum appeals, legal aid is not generally available. You can find legal aid providers on the gov.uk legal aid finder.
What is an OISC registered adviser and are they cheaper than a solicitor?
An Office of the Immigration Services Commissioner (OISC) registered adviser is authorised to give immigration advice and representation. OISC advisers are not solicitors but many are highly experienced in immigration matters. Fees are often lower than solicitors. You can find an OISC regulated adviser using the OISC adviser finder at gov.uk.
What free help is available for immigration appeals in the UK?
The Refugee Council provides advice and support for asylum seekers. UNHCR has a presence in the UK and provides guidance on refugee status. Many law centres, Citizens Advice offices, and immigration charities offer free or low-cost advice. The AIRE Centre specialises in EU rights and Article 8 claims.
What happens at an immigration tribunal hearing?
At an oral hearing before the First-tier Tribunal you will appear before an immigration judge. You can represent yourself, bring a representative, or have a friend or McKenzie Friend sit with you for moral support. The Home Office will usually be represented. The judge will read statements, hear oral evidence, and consider submissions before making a decision.
Can I apply for judicial review of an immigration decision?
Yes. If there is no right of appeal or if the tribunal has made a legal error, you can apply for judicial review in the Upper Tribunal. Judicial review challenges the lawfulness of a decision rather than the merits. It has strict time limits — usually three months from the date of the decision — and is complex. Legal advice is strongly recommended before applying.
How does uplaw.ai help with immigration appeals in the UK?
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