This relates to Appeal against an In-Country Decision when appealed outside of the UK. The post provides the details of Grounds of Appeal and Supporting Documents required for lodging an appeal against non-ECO decision i.e. Removal Directions, Bail Notices or Deportation Order, from outside of the UK using either IAFT-3 or IAFT-7 Appeal Form.
Appeal against Non-ECO Decision from Outside the UK
Like appeals against refusal entry clearance UK and in-country appeals, appeal against in-country decision from outside the UK can be lodged online; however, it is expedient to discuss with specialist immigration appeal solicitor for maximizing the chances of success.
Non-Suspensive Right of Appeal
Form IAFT-3 and IAFT-7 are used for exercising a non-suspensive right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber) for filing an appeal against an In-Country Decision from outside the UK for applications made before and after April 6, 2015, respectively.
As per Rule 9 of the Asylum and Immigration Tribunal (Procedure) Rules 2005 an appeal tribunal may not accept notice of appeal if an appellant has lodged an appeal in the UK when the appellant only has an out of country appeal right.
Grounds of Appeal
Appeals against an in-country decision under IAFT-3 are categorized on the basis of Asylum and Immigration; whereas, the grounds of appeal that an appellant can raise under IAFT-7 relates to Protection (PA), Human Rights (HU), Revocation of Protection Status (RP), EEA (EA) and Deprivation of Citizenship (DC).
When the decision, such as removal direction, bail notice or deportation, is made before April 6, 2015, while the applicant was in the UK, but the appeal can only be lodged after an applicant has left the country then the appellant has a non-suspensive right of appeal and is required to use IAFT-3 Form for Appeal to the First-tier Tribunal against Home Office [Asylum/Immigration] Decision.
An appellant is required to write grounds of appeal as per instructions of Section 3D, Page 8 of the IAFT 3 Appeal Form. Accordingly, the appellant needs to write the details of his/her grounds of Appeal in at-least one of the eight boxes i.e.:
- Box 1 is for an Asylum Decision if the appellant disagrees with the Home Office’s interpretation of the situation in their home country;
- Box 2 is for an Asylum Decision if the Home Office has suggested that the appellant could live safely in another part of the country of origin;
- Box 3 for an Asylum Decision if the Home Office has stated that the claim is not credible;
- Box 4 for an Asylum Decision if the Home Office has stated that the appellant does not qualify as a refugee grounds of race, religion, nationality, membership of a particular social group or political opinion (under the criteria of the 1951 Geneva Convention);
- Box 5 for an Asylum Decision if the Home Office has stated that specific articles of the European Convention on Human Rights (ECHR) do not apply to the case; and
- Box 6 for an Asylum Decision if the Home Office has stated that the appellant does not qualify as a person who is eligible for humanitarian protection (under the Refugee or Person in Need of International Protection Regulations 2006);
- Box 7 for an Asylum Decision if the appellant disagrees with the Home Officer decision for any other reason; and
- Box 8 is for lodging in country immigration appeal for a Non-Asylum Decision.
In IAFT-3 appellant can raise additional grounds for appeal if the Refusal Letter requires the appellant to make a Statement of additional grounds, why the appellant thinks he/she should be allowed to stay in the UK, including any reasons relating to the European Convention on Human Rights and should not be required to leave. However, the appellant is advised not to repeat any grounds and reasons that have already given in Section 3D of IAFT-1.
If an appellant has a non-suspensive right of appeal then Form IAFT-7 is for appealing against an in-country decision when appealed from outside the UK to the First-tier Tribunal about immigration for all appeals except entry clearance officer (ECO) decisions such as a refusal of protection or human rights claims, where an applicant can only apply after he/she has left the UK.
An appellant is required to write grounds of appeal as per instructions of Section 3(d), Page 8 of the IAFT 7 Appeal Form. Accordingly, the appellant needs to write the details of his/her grounds of Appeal in at-least one of the seven boxes i.e.:
- Box 1 for Protection Claim if removal from the UK would breach the UK’s obligations under the Refugee Convention;
- Box 2 is for Protection Claim if removal from the UK would breach the UK’s obligations in relation to persons eligible for a grant of humanitarian protection;
- Box 3 for Human Rights Claim if the decision to refuse human rights claim is unlawful under section 6 of the Human Rights Act 1998;
- Box 4 for Revocation of Protection Status if the decision to revoke protection status breaches the UK’s obligations under the Refugee Convention Decision;
- Box 5 for Revocation of Protection Status if the decision to revoke protection status breaches the UK’s obligations in relation to persons eligible for humanitarian protection;
- Box 6 for an EEA Appeal if the Home Office decision is restricting rights under the EEA right to free movement; and
- Box 7 if the appellant is unsure which box to complete or if an appeal is against the deprivation of citizenship.
In IAFT-7 appellant can raise New Matters for:
- wishing to enter or remain in the United Kingdom, or
- grounds on which he/she should be permitted to enter or remain in the United Kingdom, or
- grounds on which he/she should not be removed from or required to leave the UK provided that appellant has already informed the Home Office about these reasons in response to a notice served in terms of section 120 of the Nationality, Immigration and Asylum Act 2002.
The appellant is not required to provide original documents such as Passports, Birth Certificate, Marriage Certificates, Identification cards as the handling of original documents results in delays. Therefore, it is recommended to furnish photocopies of the supporting documents inclusive of Removal Directions, Bail Notices and Deportation Order which an applicant had received whilst in the UK.
An appellant can send completed IAFT-3 or IAFT-7 appeal form, along with a copy of the Refusal Letter, Reasons for Refusal and photocopies of any other related documents to the First-tier Tribunal either by post or facsimile but do not do both, as this could not only cause delays to appeal but also result in payment being taken more than once.
Postal Address: First-tier Tribunal (Immigration and Asylum Chamber), PO Box 6987, Leicester, UK, LE1 6ZX
Facsimile: 0044 (0)870 739 4053
Please note IAFT-7 can also be lodged by sending an email to IAGFAPPS4@justice.gov.uk
Related Posts on UK Immigration Blog:
- Immigration Appeal UK | Tribunal Decisions | Success Rate 2010-18.
- Appeal a UK Visa Decision | UK Immigration Appeal Procedure.
- Appeal Against Entry Clearance Refusal.