What is a right of appeal?

A right of appeal is the legal right to ask the First-tier Tribunal (Immigration and Asylum Chamber) to review a Home Office immigration decision. It exists only for the decisions the law lists, such as the refusal of a human rights claim. The decision letter usually says whether you have one.

How a right of appeal works

A right of appeal is a legal right set out in legislation. The law says which Home Office decisions you can appeal against.

Section 82 of the Nationality, Immigration and Asylum Act 2002 gives a person the right to appeal to the Tribunal where the Secretary of State has decided to refuse a human rights claim made by that person.^{[1]legislation.gov.uk, Nationality, Immigration and Asylum Act 2002, section 82: Right of appeal to the Tribunal} The section also covers protection claims and the revocation of protection status. This glossary does not deal with those. The right is subject to the exceptions and limits set out elsewhere in the same Part of the Act.^{[1]legislation.gov.uk, Nationality, Immigration and Asylum Act 2002, section 82: Right of appeal to the Tribunal}

GOV.UK adds that you can only appeal to the tribunal if you have the legal right to appeal, and that you will usually be told in your decision letter whether you do.^{[4]HM Courts & Tribunals Service, Appeal against a visa or immigration decision: appeal a decision online} See refusal letter.

Which decisions carry a right of appeal

GOV.UK says you can appeal to the First-tier Tribunal (Immigration and Asylum Chamber) if the Home Office has decided to:^{[3]HM Courts & Tribunals Service, Appeal against a visa or immigration decision}

• refuse your human rights claim
• revoke your British citizenship
• refuse or revoke your status, vary the length or condition of your stay, or deport you under the EU Settlement Scheme
• refuse or revoke your travel permit or family permit under the EU Settlement Scheme, or restrict your rights to enter or leave the UK under those permits
• refuse or revoke your permit, or deport you, if you are a frontier worker
• refuse or revoke your leave, or deport you, if you are an S2 healthcare visitor
• refuse you a residence document or deport you under the Immigration (European Economic Area) Regulations 2016

The same page also lists decisions on protection claims, which this glossary does not cover.

When the appeal is against the refusal of a human rights claim, section 84 says it must be brought on one ground: that the decision is unlawful under section 6 of the Human Rights Act 1998.^{[2]legislation.gov.uk, Nationality, Immigration and Asylum Act 2002, section 84: Grounds of appeal}

Time limits, fees and late appeals

The time limit depends on where you are.^{[4]HM Courts & Tribunals Service, Appeal against a visa or immigration decision: appeal a decision online}

If you submit the appeal after the time limit, you must explain why. The tribunal then decides if it can still hear the appeal.^{[4]HM Courts & Tribunals Service, Appeal against a visa or immigration decision: appeal a decision online}

The fee is £82 without a hearing and £144 with a hearing. GOV.UK says you may not have to pay if you get legal aid, or get services from your local council and are under 18. You may also get help with court fees if you have little or no savings, are on certain benefits or have a low income.^{[4]HM Courts & Tribunals Service, Appeal against a visa or immigration decision: appeal a decision online}

Example

Chen is in the UK. The Home Office refuses his human rights claim. His decision letter says he can appeal.

• He has 14 days from the date he received the letter.
• He asks for the appeal to be decided at a hearing, so the fee is £144.
• The only ground open to him is that the decision is unlawful under section 6 of the Human Rights Act 1998.

If Chen had asked for a decision on the papers without a hearing, the fee would have been £82. The tribunal can still decide to hold a hearing even if he does not ask for one.^{[4]HM Courts & Tribunals Service, Appeal against a visa or immigration decision: appeal a decision online} The ground comes from section 84.^{[2]legislation.gov.uk, Nationality, Immigration and Asylum Act 2002, section 84: Grounds of appeal}

What people get wrong

Many people assume that every refusal can be appealed. It cannot. A right of appeal exists only for the decisions the law lists. For other refused applications the route may be an administrative review, and the decision letter says which applies.

GOV.UK says that if you do not have the right to appeal, you might be able to ask the Home Office for an administrative review.^{[3]HM Courts & Tribunals Service, Appeal against a visa or immigration decision} You cannot make a reconsideration request if you have a right of appeal or a right to an administrative review.^{[5]Home Office, Visa and immigration reconsideration requests} Your decision letter is the first place to check which applies.

The bottom line

A right of appeal lets you ask an independent tribunal to look at a Home Office decision, but only for the decisions the law lists, such as the refusal of a human rights claim. The time limit is 14 days in the UK and 28 days outside it, and a late appeal needs an explanation. The decision letter usually tells you whether you have the right. A solicitor can confirm it and the ground that applies.