Receiving a refusal from the Home Office can be stressful, particularly when the deadlines for challenging the decision are short. If your immigration or asylum application has been refused, you may have a right of appeal for people living in Scotland, that appeal will usually be listed at the Glasgow Tribunals Centre.
The First-tier Tribunal (Immigration and Asylum) is responsible for dealing with appeals against some decisions made by the Home Office. Its role is to consider the evidence and decide whether the Home Office made the correct decision under the relevant immigration law and rules.
Immigration law is complex, and not every refusal carries a right of appeal. It is therefore important to seek advice as soon as possible after receiving a refusal decision, so that any available challenge can be identified before the deadline passes.
1. Do you have a right to appeal a UK visa refusal?
In most cases, your decision letter will say whether you have a right of appeal and when the appeal must be submitted. However, there are occasions where the Home Office states that there is no right of appeal when one may in fact exist. If there is no right of appeal, there may still be another way to challenge the decision, such as an administrative review or judicial review. The correct route will depend on the type of decision and the circumstances of the case.
2. What is the deadline for appealing a UK visa refusal?
If you are in the UK, the deadline for lodging an appeal is usually 14 days from the date you received the decision letter. If you are outside the UK, the deadline is usually 28 days. It may be possible to submit an appeal late, but you will need to explain why the tribunal should accept it after the deadline. The tribunal will then decide whether the appeal can proceed.
3. How much does a UK immigration appeal cost?
At present, the tribunal fee for lodging an appeal is:
- £82 if you do not ask for a hearing; or
- £144 if you ask for an oral hearing.
Some people do not have to pay a fee, including certain people who receive asylum support or legal aid. Help with court fees may also be available in some circumstances, including where someone has a low income or limited savings. If you are unsure whether you need to pay, it is sensible to check the current tribunal guidance before submitting your appeal.
4. How to prepare for a UK immigration appeal
An appeal is not simply an opportunity to say that the Home Office decision was unfair. You need to explain why the decision was legally wrong and provide evidence to support your case. This may include witness statements, supporting documents and expert evidence depending on the issues in dispute.
5. What happens at an immigration tribunal hearing in Scotland?
First-tier Tribunal hearings in Scotland are held at the Glasgow Tribunals Centre:
Atlantic Quay
20 York Street
Glasgow, G2 8GT
At the hearing, you will have an opportunity to present your case and explain why your appeal should be allowed. The Home Office will also have an opportunity to explain why it considers the refusal should be maintained. The judge will usually reserve their decision, although in some cases the judge may give an indication of how they intend to decide the appeal.
6. What happens after an immigration appeal hearing?
The judge will issue a written decision setting out the reasons for allowing or dismissing the appeal. If the appeal is allowed, the Home Office may seek permission to appeal the decision. If the appeal is dismissed, you may also be able to seek permission to appeal. Any application for permission to appeal must be made before the relevant deadline, which is generally 14 days in the UK and 28 days when appealing from outside the UK. There are important legal requirements to be met to appeal a dismissed appeal and it will not necessarily be possible in every case.
If you have received a Home Office refusal and would like advice about an appeal or alternative options, please contact us. Siobhan Foulner is available at [email protected] or call 03330 430150 to find out how we can assist you.
