This relates to File Immigration Appeal Against an In-Country Decision. The post provides the details of Grounds of Appeal and Supporting Documents required for lodging an in-country appeal using either IAFT-1 or IAFT-5 Appeal Form and IAFT-5(DIA) for filing detention appeals.
Lodge an Immigration Appeal Online Against an In-Country Decision
Like appeals against refusal entry clearance UK and appeal against non-ECO decision, immigration appeal against an in-country decision can be lodged online; however, it is expedient to discuss with specialist immigration appeal solicitor for maximizing the chances of success.
Form IAFT-1 and IAFT-5 are used for exercising a suspensive right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber) against an In-Country Decision for applications made before and after April 6, 2015, respectively.
Appeals against an in-country decision under IAFT-1 are categorized on the basis of Asylum and Non-Asylum Decisions; however, the grounds of appeal that an appellant can raise under IAFT-5 are:
- Home Office decision to deport a European Economic Area (EEA) National;
- Human rights or protection claim refused in the UK;
- A decision made under the European Economic Area (EEA) Regulations, for example, the Home Office has refused to issue a residence document;
- A decision when the applicant is detained in prison and decision letter was sent by the Home Office;
- A decision to remove UK citizenship;
- A decision to take away protection status.
Grounds of Appeal Against an In-Country Decision
An appellant is required to inform the tribunal of the reasons for which he/she disagrees with the decision in the Refusal Letter, including any information that is not mentioned in the Refusal Letter. Moreover, an appellant is required to explain that whether he/she has raised these issues before or not.
The appellant is required to give as much detail as possible and should raise all the grounds of appeal on which he/she wish to rely on. The Tribunal is not permitted to consider grounds that an appellant has raised which have not been the subject of a decision by the Home Office unless the Home Office agrees to the Tribunal considering those new grounds.
Grounds of Appeal IAFT 1
An appellant is required to write grounds of appeal as per instructions of Section 3D, Page 8 of the IAFT 5 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 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-1 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 ofIAFT-1.
Grounds of Appeal IAFT 5
An appellant is required to write grounds of appeal as per instructions of Section 3(d), Page 8 of the IAFT 5 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-5 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.
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
Please note IAFT-5 can also be lodged by sending an email to IAGFAPPS3@justice.gov.uk
Form IAFT-5(DIA) is used appeal if the Appellant has a right of appeal from in the UK, and he/she is detained at an Immigration Removal Centre and IAFT-5(DIA) is issued with the refusal letter.
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