Asylum Appeals

If you have been refused asylum by the Home Office you can appeal on asylum grounds to the Asylum and Immigration Tribunal (AIT) provided you have not made a late application to delay removal.

The Home Office will send an appeal form to you to complete and return to AIT within;

within 5 working days from the day you received the notice of decision if you are in detention; 


within 10 working days from the day you received the notice of decision if you are not in detention.

The date you receive the notice of decision and appeal form by post is two days after the date on the notice.

If you want to appeal you must send the form to the AIT before the required date stated on the form. If it is not received by the AIT by that date you must explain to them why you were unable to submit it in time. They will then decide whether to allow your appeal to proceed.

It is recommended that you seek legal representation and help with your appeal as soon as possible. However, not having legal representation does not prevent you from appealing.

Human Rights Appeals

A human rights appeal is where a person claims their basic human rights have been breached. You have the right to appeal on Human Rights grounds against all decisions that concerns your right to enter or stay in the United Kingdom. Usually, an appeal on Human Rights grounds will be alongside the right to appeal on other grounds for example asylum.

In some cases you may be able to appeal on grounds other than asylum or human rights. However, there may also be occasions when you may be prevented from appealing on certain grounds. You should seek legal advice wherever possible when submitting an appeal.

The appeal will normally be heard by a single immigration judge although complex cases may be heard by more. The Home Office will normally be present at the appeal to explain why, in their opinion, the appeal should not be successful.

The decision of the immigration judge will be sent to both parties in writing after the hearing and the losing party will have the opportunity to appeal to either the Court of Appeal or apply for reconsideration, depending on the type of appeal that took place. Such an application will only be successful if it can be shown that the original immigration judge ‘s decision contained an error of law.

The appeal structure of the AIT is complex and it is recommended that you obtain legal representation when contemplating any kind of appeal.