What is the First-tier Tribunal?

The First-tier Tribunal (Immigration and Asylum Chamber) is the independent tribunal that hears appeals against some Home Office immigration decisions, such as the refusal of a human rights claim. A judge decides the appeal after hearing both sides. An appeal starts with a notice of appeal, sent within a short time limit.

How the First-tier Tribunal works

The First-tier Tribunal (Immigration and Asylum Chamber) handles appeals against some Home Office decisions on permission to stay in the UK, deportation and entry clearance. It also handles applications for immigration bail. It is one of 7 chambers of the First-tier Tribunal and is administered by HM Courts & Tribunals Service.^{[1]HM Courts & Tribunals Service, First-tier Tribunal (Immigration and Asylum)}

GOV.UK says the tribunal is independent of government. A judge listens to both sides of the argument before making a decision.^{[2]HM Courts & Tribunals Service, Appeal against a visa or immigration decision} You can only bring an appeal if you have a right of appeal, and the refusal of a human rights claim is one decision that carries one.^{[2]HM Courts & Tribunals Service, Appeal against a visa or immigration decision}

At a hearing, the people present normally include a judge, a clerk, the appellant’s representative if there is one, and a Home Office presenting officer who argues the case for the Home Office.^{[10]HM Courts & Tribunals Service, Appeal against a visa or immigration decision: if there is a hearing} The tribunal either allows the appeal or dismisses it and upholds the Home Office’s original decision.^{[9]HM Courts & Tribunals Service, Appeal against a visa or immigration decision: get a decision}

The parts of an appeal

Notice of appeal

Rule 19 of the tribunal rules says an appellant must start proceedings by providing a notice of appeal to the tribunal. If the person is in the UK, it must be received not later than 14 days after they are sent the notice of the decision. If they are outside the UK, it must be received not later than 28 days after they receive the notice of the decision.^{[5]legislation.gov.uk, The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014, rule 19: Notice of appeal}

The notice must identify which of the available statutory grounds are relied on, and be signed and dated by the appellant or their representative.^{[5]legislation.gov.uk, The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014, rule 19: Notice of appeal} A person appealing for themselves can use the online service or form IAFT-1 by post or email. A solicitor or immigration adviser must appeal online through the MyHMCTS service.^{[3]HM Courts & Tribunals Service, Appeal against a visa or immigration decision: appeal a decision online[4]HM Courts & Tribunals Service, Appeal against a visa or immigration decision: appeal a decision by post or email}

Appeal bundle

This glossary uses the term appeal bundle to mean the set of documents each side gives the tribunal.

The appellant must provide with the notice of appeal the notice of decision, any statement of reasons for it, and any documents in support of their case that have not been supplied to the Home Office.^{[5]legislation.gov.uk, The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014, rule 19: Notice of appeal} After the tribunal sends the Home Office a copy of the notice of appeal, the Home Office must provide the tribunal with its own documents within 28 days. These include the decision notice, any statement of evidence or application form the appellant completed, any record of an interview, and the documents provided in support of the original application.^{[7]legislation.gov.uk, The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014, rule 24: Response, other cases}

GOV.UK guidance for people without a representative adds practical points. Copies of documents should be sent to the Home Office and the tribunal no later than the date in the notice of hearing. Original documents must be brought to the hearing. Only documents in English will be looked at, so translations must be arranged.^{[8]HM Courts & Tribunals Service, Unrepresented appellants: Immigration and Asylum Tribunal}

Out-of-time appeal

If a notice of appeal is provided outside the time limit, rule 20 says it must include an application for an extension of time and the reason it was not provided in time.^{[6]legislation.gov.uk, The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014, rule 20: Late notice of appeal} GOV.UK says that if you submit your appeal after the time limit you must explain why, and the tribunal will then decide whether it can still hear it.^{[3]HM Courts & Tribunals Service, Appeal against a visa or immigration decision: appeal a decision online}

If the notice appears to be late and has no application, the tribunal must tell the person that it proposes to treat it as out of time, and the person can respond in writing. The tribunal decides the issue as a preliminary issue and may do so without a hearing.^{[6]legislation.gov.uk, The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014, rule 20: Late notice of appeal}

Fees and the decision

The fee is £82 without a hearing and £144 with a hearing. Some people do not have to pay, for example those who get legal aid.^{[3]HM Courts & Tribunals Service, Appeal against a visa or immigration decision: appeal a decision online} You can ask on your appeal for a decision on the papers or at a hearing, and the tribunal can decide to hold a hearing even if you do not ask for one.^{[3]HM Courts & Tribunals Service, Appeal against a visa or immigration decision: appeal a decision online}

GOV.UK says you will usually get a copy of the tribunal’s decision within 4 weeks of the hearing. If you win, the Home Office changes its decision, although this does not automatically mean you can enter or stay. If you lose, you can ask for permission to appeal to the Upper Tribunal if you think there was a legal mistake.^{[9]HM Courts & Tribunals Service, Appeal against a visa or immigration decision: get a decision}

Example

Ana is outside the UK. Her entry clearance application is refused, and the decision letter says she has a right of appeal against the refusal of her human rights claim.

• She has 28 days to send her notice of appeal, counted from receiving the notice of the decision.
• She sends the decision notice and her supporting documents with the notice of appeal.
• The Home Office has 28 days from the date the tribunal sends it the notice of appeal to provide its documents.
• She asks for a hearing, so the fee is £144.

These steps follow rules 19 and 24 of the tribunal rules and the GOV.UK appeal page.^{[5]legislation.gov.uk, The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014, rule 19: Notice of appeal[7]legislation.gov.uk, The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014, rule 24: Response, other cases[3]HM Courts & Tribunals Service, Appeal against a visa or immigration decision: appeal a decision online}

What people get wrong

People assume the tribunal will accept an appeal that is late. Rule 20 says a late notice of appeal must include an application for more time and the reason for the delay, and the tribunal decides that question first, as a preliminary issue.

A second misunderstanding is about what winning means. GOV.UK says that allowing an appeal does not automatically mean you can enter or stay in the country, and may mean only that the Home Office has to reconsider its decision.^{[9]HM Courts & Tribunals Service, Appeal against a visa or immigration decision: get a decision}

The bottom line

The First-tier Tribunal (Immigration and Asylum Chamber) is the independent tribunal that decides appeals against Home Office decisions where the law gives a right of appeal. The appeal starts with a notice of appeal sent within a short time limit, both sides send their documents, and a judge decides. A late appeal needs an application for more time. A solicitor can check the time limit and the grounds before the notice is sent.