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Introduction to UK immigration law and becoming an immigration advisor
Introduction to UK immigration law and becoming an immigration advisor

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6.2 Process and grounds for appeal to the First-tier Tribunal

An appeal can be made to the First-tier Tribunal (Immigration and Asylum Chamber) if the Home Office has decided to:

  • refuse a protection claim (also known as an asylum claim or humanitarian protection)
  • revoke a protection status
  • refuse a human rights claim
  • refuse a residence document or deport an individual under the Immigration (European Economic Area) Regulations 2016
  • revoke British citizenship
  • refuse or revoke status, vary the length or condition of and individual’s stay, or deport them under the EU Settlement Scheme
  • refuse or revoke a travel permit or family permit under the EU Settlement Scheme, or restrict rights to enter or leave the UK under those permits
  • refuse or revoke a permit, or deport a frontline worker
  • refuse or revoke leave, or deport an S2 healthcare visitor.

If there is no right to appeal, it may be possible to seek an Administrative Review by the Home Office.

Appeals can be made by individuals based either inside and outside the UK. Immigration advisers check processes carefully, because these will differ depending on where in the world an individual is based or located. For any applications made before 6 April 2015, there is a different process.

A paper form process is used if an individual is inside the UK and they:

  • have been refused settled or pre-settled status under the EU Settlement Scheme
  • are in detention
  • have an appeal that is linked to another appeal.

An online system is used for everything else.

Appeals to the Upper Tribunal and courts are possible, but tend to be complex and are not covered by this course.

Representing a client is explored further in Audio 1.

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Audio 1 Representing a client.
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