This relates to File Immigration Appeal Against an In-Country Decision. An appellant can file immigration appeal online. An in-country immigration appeal can file against asylum, protection, human rights claim, deprivation of British citizenship. Form IAFT 1 Appeal Form is for exercising a suspensive right of appeal against an in-country decision made before April 6, 2015. However, IAFT 5 Appeal Form is to file immigration appeal for decisions made after April 6, 2015, to the First-tier Tribunal (Immigration and Asylum Chamber). Moreover, IAFT 5 (DIA) is for filing detention appeals. Moreover, the post also covers in-country immigration appeals with a non-suspensive right of appeals such as Removal Directions, Bail Notices or Deportation Order, from outside of the UK using either IAFT 3 or IAFT 7.
Appeal against an in country decision on IAFT 5 Appeal Form
The lack of a legal representative was found to be a key factor for the variance in success rates.
IAFT 1 Appeal Form and IAFT 5 Appeal Form
Apparently, appeals against an in-country decision under IAFT 1 Appeal Form categorize on the basis of Asylum and Non-Asylum Decisions. However, an appellant can raise grounds of appeal on IAFT 5 Appeal Form are:
- Home Office decision to deport a European Economic Area (EEA) National;
- human rights or protection claim refused in the UK;
- decisions made under the European Economic Area (EEA) Regulations. For example, the Home Office decision to refuse issuance of a residence document;
- the decision, when the Home Office detained the applicant in prison and sent the decision letter;
- Decisions to remove UK citizenship;
- a decision to take away protection status.
IAFT 3 Appeal Form and IAFT 7 Appeal Form
Similarly, appeals against an in-country decision under IAFT-3 are on the basis of Asylum and Immigration. Moreover, 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).
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. Therefore, appellant can only appeal on IAFT 3 Appeal Form and IAFT 7 Appeal Form from outside the UK.
How to Explain Grounds of Appeal Against an In-Country Decision?
An appellant needs to inform the tribunal of the reasons for which he/she disagrees with the decision in the Refusal Letter. Apparently, this may also include any information that Refusal Letter does not mention. Moreover, an appellant needs to explain whether he/she has raised these issues before or not.
Accordingly, the appellant may give as much detail as possible to raise all the grounds of appeal. The Tribunal may not consider all the grounds that an appellant raised in the appeal. For instance, the tribunal may not consider grounds which are not part of the Home Office’s decision. However, if the Home Office agrees then the Tribunal may consider the new grounds.
Grounds of Appeal IAFT 1 Appeal Form and IAFT 3 Appeal Form
An appellant is required to write grounds of appeal as per instructions of Section 3D, Page 8 of the IAFT 1 Appeal Form and that of 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. The Box 1 to 7 relates to Asylum Decision. However, Box 8 for non-asylum decisions.
Asylum Appeal Against an In-Country Decision made before April 6, 2015
The Box 1 is for an Asylum Decision if the appellant disagrees with the Home Office’s interpretation of the situation in their home country. However, 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. Moreover, the Box 3 for an Asylum Decision if the Home Office has stated that the claim is not credible.
Furthermore, the Box 4 is 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). The Box 5 is 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.
The Box 6 is for an Asylum Decision if the Home Office has stated that 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). Moreover, the Box 7 for an Asylum Decision if the appellant disagrees with the Home Officer decision for any other reason.
Non-Asylum Appeal Against an In-Country Decision
The Box 8 is for lodging in-country immigration appeal for a Non-Asylum Decision.
Additional Grounds In-Country Immigration Appeal
In IAFT 1 Appeal Form and IAFT 3 Appeal Form an appellant can raise additional grounds for appeal. Moreover, the Refusal Letter may require the appellant to make a Statement of additional grounds. Accordingly, an appellant may need to explain: why the appellant may allow staying in the UK. This includes any reasons relating to the European Convention on Human Rights and should not be required to leave. However, the appellant may not repeat any grounds and reasons that have already given in Section 3D of IAFT 1 Appeal Form.
Grounds of Appeal IAFT 5 Appeal Form and IAFT 7 Appeal Form
An appellant needs to write grounds of appeal as per instructions of Section 3(d), Page 8 of the IAFT 5 Appeal Form and that of 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.
Protection Claim In-Country Immigration Appeal
The Box 1 is for Protection Claim if removal from the UK would breach the UK’s obligations under the Refugee Convention. However, the 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.
Human Rights Claim Appeal Against an In-Country Decision made after April 6, 2015
Moreover, the Box 3 is for Human Rights Claim if the decision to refuse human rights claim is unlawful under section 6 of the Human Rights Act 1998.
Revocation of Protection Status In-Country Immigration Appeal
The Box 4 for Revocation of Protection Status if the decision to revoke protection status breaches the UK’s obligations under the Refugee Convention Decision. However, the Box 5 is 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.
EEA Appeal Against an In-Country Decision made after April 6, 2015
The Box 6 for an EEA Appeal if the Home Office decision is restricting rights under the EEA right to free movement.
Miscellaneous and Deprivation of Citizenship In-Country Immigration Appeal
The Box 7 is for an appeal is against the deprivation of citizenship. Moreover, if an applicant is not sure about the exact nature of the appeal then can use Box 7.
New Matters In-Country Immigration Appeal on IAFT 5 Appeal Form and IAFT 7 Appeal Form
In IAFT 5 Appeal Form and IAFT 7 Appeal Form, an appellant can raise New Matters for:
- wishing to enter or remain in the United Kingdom, or
- grounds on which permits the applicant 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.
Supporting Documents Appeal Against an In-Country Decision
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 recommended to furnish photocopies of the supporting documents.
An appellant can send completed 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, LE1 6ZX, United Kingdom
Facsimile: 0044 (0)870 739 4053
- Appellants can email in-country immigration appeals on IAFT 5 Appeal Form to IAGFAPPS3@justice.gov.uk
- Appellants can email in-country immigration appeals on IAFT 7 Appeal Form to IAGFAPPS4@justice.gov.uk
Form IAFT 5 (DIA) is for detention appeal for appellants detained at an Immigration Removal Centre. The IAFT 5 (DIA) issues with the refusal letter, when the appellant has a right of appeal from inside the UK.
Related Posts on UK Visa and Immigration Appeal Blog:
- Immigration Appeal UK | Tribunal Decisions | Success Rate 2010-18.
- Appeal a UK Visa Decision | UK Immigration Appeal Procedure.
- UK Visa Appeal Solicitors | Immigration Appeal Success Rate