Appeals

Appeals

This topic primarily covers immigration appeals to the First-tier Tribunal (Immigration and Asylum Chamber) and, in particular, provides guidance on:

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which immigration decisions attract a right of appeal to the First-tier Tribunal
•
how to submit an appeal to the First-tier Tribunal
•
appeal procedure and relevant timelines, and
•
preparing for the appeal

The First-tier Tribunal is an independent tribunal within the HM Courts and Tribunal Service. Appeals are decided by immigration judges.

The current legal framework governing statutory appeals to the immigration tribunal entered into force pursuant to the Immigration Act 2014 (IA 2014), which introduced fundamental changes to the appeals regime.

Rights of appeal

Non-EU Settlement Scheme cases

IA 2014 dramatically reduced the number of decisions against which an appeal will lie for the affected categories of migrants. In non-EU Settlement Scheme cases, a person will only have a right of appeal under the Nationality, Immigration and Asylum Act 2002 (NIAA 2002), s 82 where:

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the Secretary of State for the Home Department (SSHD) refuses a protection claim
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the SSHD refuses a human rights claim, or
•
the SSHD

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