Appeals

If you are appealing to the First Tier Tribunal, you must give notice within 14 calendar days after the date the notice of decision has been sent (in the UK). For outside the UK, you will have 28 days to submit an appeal after you receive your decision. The process is usually as outlined below:

• Once you have submitted your appeal, the case will go to a judge at the First-tier Tribunal who will usually give a decision in writing three or four weeks after the hearing.
• If you are successful, the Home Office may then reverse their original decision for refusal, or appeal the decision given by the Judge.
• If you are unsuccessful, you may be able to appeal to the Upper Tribunal if you believe the judge made an error in judgement.

Upper Tribunal

You may be able to appeal to the Upper Tribunal if the decision is refused at the First-tier Tribunal. To submit this appeal, you will have to establish that the First-tier Tribunal judge made an error in their judgement. The process is usually as outlined below:

• You must first make an application to the First-tier Tribunal to seek permission to appeal within 14 days of the date of dismissal of your appeal from the First-tier Tribunal (in the UK), or 28 days (outside the UK).
• If the First-tier tribunal refuses your permission to appeal, you may apply directly to the Upper Tribunal for permission to appeal.
• If permission to appeal is granted, the Upper Tribunal will consider the case and assess whether the First-tier Tribunal made an error of law.
• If you are successful, the judge will refer the case back to the First-tier Tribunal for the case to be decided again.
• If you are unsuccessful, you may have the right to appeal to the Court of Appeal.

Judicial Review

A Judicial Review involves a consideration on whether a decision made by the Home Office was lawful. The application can only be made if you believe the decision of the Home Office was illegal, irrational or unfair.

As with any appeal, there are strict deadlines imposed by law. You must make an application for Judicial Review no later than 3 months after the decision was made.

An application for judicial review should be made no later than 3 months after the decision that you are trying to challenge was made.

If you are successful, the case will be referred back to the Home Office for them to make a decision based on the correct process.

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