Appeal to the Tribunals

Appeal to the Tribunal UK: Overview

Appealing to a tribunal in the UK involves challenging certain decisions made by the Home Office or another public authority where there is a legal right of appeal. In immigration and asylum matters, appeals are generally heard by the First-tier Tribunal (Immigration and Asylum Chamber). Tribunals are independent judicial bodies designed to provide an accessible and specialist way of resolving disputes.

Key Features of Tribunal Appeals

Types of Tribunals:

• First-tier Tribunal: Handles first-instance appeals against eligible decisions made by the Home Office and other public authorities.
• Upper Tribunal: Deals with appeals from the First-tier Tribunal where there may have been a legal error.

Common Grounds for Appeal:

• Error of Law: Claiming that the decision-maker or tribunal applied the law incorrectly.
• Procedural Unfairness: Arguing that the decision-making process was unfair or that proper procedures were not followed.
• Failure to Consider Evidence: The decision may be challenged where relevant evidence was not properly considered.
• Human Rights or Protection Grounds: In eligible immigration cases, an appeal may involve claims based on human rights, asylum, or humanitarian protection.

Eligibility:

• You can appeal only where the law gives you a right of appeal against the particular decision.
• For example, the First-tier Tribunal (Immigration and Asylum Chamber) can hear certain appeals involving refused asylum or protection claims, human rights claims, deportation, EU Settlement Scheme decisions, and certain other immigration decisions.

Time Limits:

• The time limit depends on the type of decision and where you are when you appeal.
• For many immigration appeals, the deadline is generally 14 days if you are in the UK and 28 days if you are outside the UK.
• Some categories have different or shorter deadlines, so applicants should always check the decision letter carefully.

Application Process:

• Lodging an Appeal: Submit the appeal to the First-tier Tribunal using the appropriate online service or, where applicable, by post or email.
• Preparation: Provide supporting evidence and explain why the Home Office decision should be overturned.
• Hearing: If a hearing is required, the appellant and their representative can present their case before a tribunal judge. Some appeals may instead be decided on the documents without a hearing.

Representation:

• Individuals can represent themselves or appoint a solicitor or regulated immigration adviser.
• Legal aid may be available in certain circumstances, particularly for eligible asylum and protection cases.

Appeal Fees

For appeals to the First-tier Tribunal (Immigration and Asylum Chamber), the current fees are:

• £82 for an appeal decided without a hearing.
• £144 for an appeal with a hearing.

Some applicants may be exempt from paying the fee or may be able to receive help with the cost, depending on their circumstances. This can include certain people receiving asylum support or legal aid.

Upper Tribunal Appeals

If the First-tier Tribunal has made a decision and you believe it contains a legal error, you may be able to apply for permission to appeal to the Upper Tribunal (Immigration and Asylum Chamber).

Generally, permission must first be requested from the First-tier Tribunal. If permission is refused, an application can then be made to the Upper Tribunal.

The standard deadlines for requesting permission from the First-tier Tribunal are generally:

• 14 days if you are in the UK.
• 28 days if you are outside the UK.

Different deadlines can apply depending on how the decision was received or whether the appellant is detained.

There is currently no fee for an immigration and asylum appeal to the Upper Tribunal. 

Possible Outcomes

The First-tier Tribunal may:

• Allow the appeal: The Home Office decision is overturned or must be reconsidered, depending on the circumstances.
• Dismiss the appeal: The original Home Office decision remains in place.
• Make other directions or decisions as permitted by the Tribunal Procedure Rules.

If the appeal is dismissed and there is an arguable error of law, the appellant may be able to seek permission to appeal to the Upper Tribunal.

Latest Updates and Developments

Digital Services and Remote Hearings:

The tribunal continues to use online services for submitting appeals and documents. Hearings may take place in person or by video where appropriate.

Updated Appeal Fees:

The First-tier Tribunal immigration and asylum appeal fees were updated in July 2026. The current fees are £82 for an appeal without a hearing and £144 for an appeal with a hearing.

Processing Times:

Processing times can vary considerably depending on the type and complexity of the case and the tribunal’s workload. Applicants should not rely on a fixed timeframe and should check the latest tribunal guidance.

Enhanced Guidance and Support:

The GOV.UK tribunal service provides updated forms, guidance and information about submitting appeals, paying or reducing fees, hearings and requesting urgent consideration where appropriate.

Case Law Developments:

Decisions of the First-tier Tribunal and Upper Tribunal continue to develop immigration and asylum law. Previous Upper Tribunal decisions can be searched through the official tribunal decisions database.

Written on: 28 August 2026