UK immigration appeal FAQs, waiting times and success rate!

UK Immigration Appeal Waiting Time 2018This relates to UK Immigration Appeal FAQs, waiting time, visa decisions and success rate from 2010 to 2018. And provides information on notice of appeal, time limits to lodge an appeal and related frequently asked questions. The latest information relating to UK visa appeal waiting and processing time for First-tier Tribunal (Immigration and Asylum Chamber), UK visa appeal success rate and immigration appeal tribunal decisions from 2010 to Q3 2018. Accordingly, the post covers the following topics:

  1. Notice of appeal for lodging UK immigration appeal
  2. First Tier Tribunal immigration appeal time limits
  3. How much is the UK immigration appeal fees?
  4. First Tier Tribunal: UK Immigration Appeal Waiting Time 2018
  5. UK immigration appeal decision time- after the conclusion of the case!
  6. UK immigration appeal success rate is 50% during 2017-18
  7. Immigration appeal success rate and tribunal decisions 2010-18
  8. First Tier Tribunal (FTTIAC) Immigration Appeal Decisions
  9. Upper Tribunal (UTIAC) Immigration Appeal Decisions

1) Notice of appeal for lodging UK immigration appeal

Rule 6 of the Asylum & Immigration Tribunal (Procedure) Rules 2005 provides that an appellant can initiate an immigration appeal by submitting a notice of appeal against an appealable refusal decision in line with the 2005 Rules. Accordingly, an appellant can exercise the right to appeal against an immigration decision from inside and outside the UK. Please note: the refusal letter usually mentions the right of appeal.

Perhaps, at times inadvertently if the right of appeal is not mentioned in a refusal letter for an appealable decision. And also the decision-maker fails to provide a Notice of Appeal even then an applicant is well entitled to file an appeal.

Please note: UK immigration appeals relate to Asylum/Protection  (including Asylum, Protection and Revocation of Protection), Managed Migration, Entry Clearance Officer (such as spouse visa appeal timeline 2018), Family Visit Visa,  Human Rights, EEA Free Movement, Deportation and Deprivation of Citizenship appeals.

If your past application has been refused then please note that processing time for an Administrative Review is usually 28 working days, whereas the waiting time for Appeals and Judicial Reviews is around 6 to 12 months.

What is a notice of appeal form?

An appellant needs to submit a notice of appeal to HM’s Courts & Tribunals Service on the appropriate form.

Notice of appeal forms for decisions before April 6, 2015

The notice of Appeal forms for decisions made before April 6, 2015, are IAFT-1, IAFT-2 and IAFT-3

Notice of appeal forms for decisions after April 6, 2015

The notice of Appeal forms for decisions made after April 6, 2015, are  IAFT-5, IAFT-6 and IAFT-7. Moreover, the IAFT-4 form is for an application to the first-tier tribunal for permission to appeal to the upper tribunal immigration.

How to lodge an in-country immigration appeal?

An appellant can file an in-country appeal by using either IAFT-1 or IAFT-5 appeal form.

Lodge a UK immigration appeal against an ECO decision

Appeals against appealable Entry Clearance Officer refusal decision can be filed online by using either IAFT-2 or IAFT-6 application form.

Appealing against a non-ECO decision from outside the UK

Appeals against non-ECO decision from outside the UK can be filed online by using either IAFT-3 or IAFT-7 immigration appeal form.

Filing immigration appeal UK against an FTTIAC decision

Moreover, an application to the first-tier tribunal for permission to appeal to the upper tribunal immigration (on IAFT-4) can also be filed online.

Who can sign the notice of appeal form?

Apparently, the appellant or the legal representative can sign the notice of appeal form. However, the representative needs to confirm that the form has been completed in line with the appellant’s instructions.

However, all submitted notice of immigration appeal forms need to:

  • be signed, dated & include the name and address of the appellant
  • state whether there is an authorised representative and give their name and address
  • state the appellant’s grounds of appeal and also the elaborate the reasons in support of the grounds
  • when possible, list any documents on which the appellant relies in support of their appeal

Please note: Section 84 of the Immigration Act sets out the grounds of appeal. Accordingly, a tribunal can only consider a UK immigration appeal for the refusal of the claim made by an applicant.

Can a tribunal consider a new matter?

Section 85 sets out the matters a tribunal may consider. A tribunal can only consider a new matter that Secretary of State (SSHD) has examined and given the Tribunal consent to do so. Accordingly, an appellant can only raise a new matter before the Tribunal if SSHD can consider the new matter.

Applicants to raise a new matter at the earliest

Section 96 of the Immigration Act provides that where the refusal of a claim would commonly result in a right of appeal. And there will be no right of appeal if a claim should have been made earlier. Section 96 of the Act works with Section 120 which makes an ongoing duty on an individual/applicant to raise a new matter with the SSHD as soon as reasonably practicable after it has arisen.

Where to lodge an immigration appeal?

Section 92 provides the details relating to where an appeal will take place. Section 92 should be read together with Sections 94 & 94B which relate to clarification if an appeal that would otherwise be held in the United Kingdom is required to lodge after an appellant has left the United Kingdom.

Online UK immigration appeals

Perhaps, online appeals are quicker than the appeals by post or fax. Therefore, in order to avoid delays in the processing of appeal one can lodge an immigration appeal online. And can also pay an appeal fee by using a credit or debit card.

2) First Tier Tribunal immigration appeal time limits

In terms of Section 83 of the 2002 Act, an appellant needs to lodge an immigration appeal with the First-Tier Tribunal within the stipulated period from the date of service of an appealable decision.

Time Limit to lodge immigration appeal from inside the UK

Where the appeal is brought in the UK then the stipulated period is fourteen (14) days to lodge an appeal after the appellant is sent the notice against which the appeal is brought. However, if an appellant lodges a UK immigration appeal after the stipulated 14 days deadline then needs to satisfy the merits of hearing the appeal despite late filing. Certainly, the immigration appeal tribune decides whether or not to proceed the matter further.

Detention appeals time limit

Moreover, in terms of Section 7(1)(a) of The Asylum and Immigration Tribunal (Procedure) Rules 2005 the time limits for Detention Appeals is 5 days.

Time Limit to lodge immigration appeal from outside the UK

The time limits to lodge an appeal from outside the UK against an in-country decision when appealed from outside the UK is twenty-eight (28) days after the departure of the appellant from the UK (Form IAFT-7). In case an applicant is required to leave the UK before exercising the right to appeal, then 28 days to appeal starts from the day that a person leaves the UK. For details refer to Section 7 The Asylum and Immigration Tribunal (Procedure) Rules 2005.

UK visa appeal against an ECO decision

The time limit for any other type of appeals such as asylum claim, spouse refusal etc. from outside the UK is also twenty-eight (28) days from the date of service of the decision. Perhaps, an appellant needs to lodge an appeal from outside the UK as soon as possible- at the most within 28 days after the receipt of the refusal decision.

Late immigration appeals

If an appellant lodges UK immigration appeal after the 28 days deadline then needs to explain the reason for the delay. Certainly, the appeal tribunal has the powers to decide whether or not to hear the immigration appeal despite its late filing.

Rule 10 of Asylum & Immigration Tribunal (Procedure) Rules 2005

For late appeals, Rule 10 requires appellants to request an extension of the time in which to lodge an appeal. However, for requesting an extension of the time, the appellant needs to give reasons for lodging a late or out of time appeal. And also any written evidence relied upon in support of those reasons.

Tribunal can extend the time limit

The Tribunal is empowered to extend the time limit for appealing if it is satisfied that there are special circumstances that would make it unjust not to do so.

If the tribunal decides an appeal has been brought outside the relevant time limit but no application to extend time has been included, it can extend the time of its own choosing and notify the person their notice was given out of time. The appellant is then given the opportunity to file written evidence within specified time limits to demonstrate that due to special circumstances appeal was not lodged within time limits.

Suspensive and non-suspensive UK immigration appeals

A suspensive immigration appeal allows appellants to remain in the UK during the case hearings. Whereas, non-suspensive appeals can only be heard after an appellant leaves the UK. Accordingly, an appellant can lodge a non-suspensive UK immigration appeal from outside the UK. However, if an appellant lodges a non-suspensive appeal before leaving the UK then it deems as an abandoned appeal.

What is immigration status while an appeal is pending in the UK?

In terms of Section 3C (2) of the Immigration Act 1971, provides for a statutory extension in the leave to remain of a person in case of a pending appeal under section 82(1) of the Nationality, Asylum and Immigration Act 2002.   Accordingly, leave to remain in the UK is statutorily extended until the final determination of a UK immigration appeal.

How UK immigration appeals system prevents abuse of the system?

Apparently, the UK immigration appeals system contains quite a few controls to prevent the abuse of the system. Importantly, there are mechanisms to prevent representations giving rise to repeat, clearly unfounded or late claims. Perhaps, only to delay removal and deportation.

3) How much is the UK visa and immigration appeal fees?

Immigration Appeal Fees for a paper appeal is £80 and that for oral hearings £140, which are required to be paid before lodging an appeal in the First-tier Tribunal (Immigration and Appeals Chamber). An appellant may not require to pay the fee if he/she is getting legal aid,  asylum support, services from the local council or is under 18 years of age. For details please read the tribunal fees guidance.

It is important to note that if an appeal is submitted without payment details, the Tribunal will write to the appellant with further instructions about how an appellant can pay immigration appeal fee, which will cause a delay in the processing of the appeal.

Oral or paper hearings: UK visa and immigration appeals

If an appellant (representative) plan to attend the hearing then can opt for an oral hearing of the UK immigration appeal. However, if no one intends to attend the visa appeal then may opt for a paper hearing- determines on the papers. Perhaps, an oral hearing provides a better opportunity to win an appeal successfully.

A move to increase the UK immigration appeal fees by 500% in 2016

In 2016, the UK immigration appeal fees increased by 500%. Accordingly, fees for an application to the first-tier tribunal dealing with immigration and asylum cases rose earlier in the autumn of 2016 from £80 to £490. And the UK immigration appeal fees for an oral hearing rose from £140 to £800. Moreover, for the very first time, appeals to the upper tribunal also charged at £350 for each application and £510 for an appeal hearing. However, the move was bitterly opposed. And from November 25, 2016, all applicants required to pay fees at previous levels. Moreover, the Ministry of Justice committed to reimburse the difference between the increased fee and the previous fee.

4) UK visa appeal waiting and processing times 2018

During January to March 2018, the UK Immigration Appeal Waiting Time 2018 from the receipt of an appeal to the hearing in the First-tier Tribunal (Immigration and  Asylum Chamber) (FTTIAC) has been 37 weeks i.e. approx 9-10 months.

The UK immigration appeal processing time has improved in the first quarter of 2018. The average waiting time has reduced from 45 weeks in 2017 to 37 weeks. This is due to the reduction in the caseload, which has nearly halved from 64,800 to 36,300 during June 2016 and March 2018. Further improvement is expected in the coming months.

Age of Case25% point50% point (median)75 % pointAverage (mean)
2016/1727 weeks or less48 weeks or lessOver 52 weeks46 weeks
2017/1821 weeks or lessOver 52 weeksOver 52 weeks50 weeks
Difference6 weeks decreaseOver 4 weeks increase-4 weeks increase
Oct-Dec 201722 weeks or less50 weeks or lessOver 52 weeks50 weeks
Oct-Dec 201818 weeks or less33 weeks or less49 weeks or less39 weeks
Difference4 weeks decrease17 weeks decrease3 weeks decrease11 weeks decrease
All18 weeks or less33 weeks or less49 weeks or less39 weeks
Asylum/Protection (1)8 weeks or less17 weeks or less36 weeks or less27 weeks
Managed Migration52 weeks or more52 weeks or more52 weeks or more127 weeks
Entry Clearance Officer52 weeks or more52 weeks or more52 weeks or more276 weeks
Family Visit Visa----
Human Rights27 weeks or less36 weeks or less51 weeks or less41 weeks
EEA Free Movement25 weeks or less36 weeks or less52 weeks or more46 weeks
Other (2)13 weeks or less24 weeks or less41 weeks or less33 weeks

1) Includes Asylum, Protection and Revocation of Protection. 2) Includes Deportation and Deprivation of Citizenship appeals

First Tier Tribunal Appeal Processing Time 2016 and 2017

According to the official statistics, the average visa appeal waiting time during 2015/16 and 2016/17 has been 34 and 46 weeks, respectively. Therefore, there have been 12 weeks increase in the average appeal waiting time in 2016/17.

During 2016/17, the waiting time for 25%, 50% and 75% of the appeals had increased by 7, 16 and 7 weeks, respectively. Nevertheless, it is important to note that despite an unprecedented escalation in waiting time during 2016/17, quite a few appeals were disposed of by First Tier Tribunal (Immigration and Asylum Chamber) within the normal 6-9 months time frame.

25 Per cent Appeals Cleared within 20-27 weeks or less

Disposal of 25 per cent of the appeals instituted within 20 and 27 weeks or less during 2015/16 and 2016/17, respectively. Moreover, during the second quarter 2017/18, 25% of the appeals cleared within 22 weeks or less.

50 Per Cent Appeals (Median) Cleared within 32-48 weeks or less

Disposal of 50 per cent of the appeals was instituted within 32 and 48 weeks or less during 2015/16 and 2016/17, respectively.

75 Per Cent Appeals Cleared within 45-52 weeks

In 2015/16, 75 per cent of the appeals disposed within 45 weeks or less. However, in 2016/17, 75% of the appeals decided within 52 weeks or less week.

News Media Reports on UK Visa Appeal Processing Time 2016-17

However, according to news reports, during 2016-17 the average duration of an UK immigration appeal in the First-tier Tribunal (Immigration and Asylum Chamber) increased to 51 weeks i.e. one year, from 35 weeks i.e. 8 months, during 2015-2016 due to the focus of the Tribunal to reduce outstanding caseload and to clear older cases during June 2016 and Dec 2017. Accordingly, the outstanding caseload reduced significantly during the aforesaid period from 64,800 to 35,100 immigration appeals. Therefore, once the backlog of pending immigration appeals is reduced then it is expected that the appeal processing time may be reduced.

Fresh Appeals

Since nearly half of the appeal cases are successful, therefore, the increase in the gestation time from 35 to 51 weeks means that many applicants are forced to wait and “put their life on hold” even though they have a right to be in the UK. The increase in UK immigration appeal waiting times comes in spite of a reduction in the number of fresh appeals lodged, which has plummeted from 25,000 in 2014 to 7,000 in 2017.

British Parliament Report on UK Visa Appeal Waiting Time 2010-17

According to Parliamentary Under-Secretary of State at the Ministry of Justice Lucy Frazer since 2010 till March 2018, the average yearly waiting time for an immigration tribunal appeal (in the recent past aka UKBA appeal processing time) hearing has oscillated between 14 to 45 weeks with the following yearly break-up:

  • 2010 – 16 weeks
  • 2011 – 14 weeks
  • 2012 – 14 weeks
  • 2013 – 20 weeks
  • 2014 – 25 weeks
  • 2015 – 24 weeks
  • 2016 – 43 weeks
  • 2017 – 45 weeks

Here it is important to note that in Feb 2010, the First-tier Tribunal (Immigration and Asylum Chamber) (FTTIAC) & Upper Tribunal (Immigration and Asylum Chamber) (UTIAC), Asylum and Immigration Tribunal, replaced the Asylum and Immigration Tribunal (AIT).

5) UK immigration appeal decision time

The tribunal must serve a written determination, which provides the reasons for its decision, on all parties.

The judge usually does not announce the outcome of the hearing, but this sometimes does happen. Usually, an applicant receives a written decision within two or three weeks after the hearing. Accordingly. if the tribunal allows the appeal (i.e. an appellant wins the UK immigration appeal) then gets the entry clearance visa or permission to remain in the UK. However, the tribunal upheld the decision SSHD then the appellant can lodge an appeal with the Upper Tribunal.

Decision time for non-asylum appeals

For non-asylum cases, the tribunal usually sends a written determination to parties within 10 working days. Perhaps, irrespective whether there has been a hearing or not.

UK immigration appeal decision time for an asylum appeal

For asylum cases where the appellant has appealed from within the UK, the tribunal serves the determination on the Home Office. Accordingly, the Home Office must serve the determination on the appellant no later than the date on which the Home Office contest the decision. And in all other cases no later than 28 days after receiving the determination from the tribunal.

6) UK immigration appeal success rate 2017-18

According to official statistics, the UK immigration appeal success rate was 50 per cent during 2017/18, which is quite encouraging for those who intend to challenge refusal decision, especially spouse visa refusal from outside the UK. An interesting comparison of the UK immigration appeal success rate is with the success rate for Tier 1 Entrepreneur, Tier 2 Work and Tier 4 Student Administrative Review, which is less than 20% as it is a peer group review. However, a subsequent Judicial Review can be more effective after an unsuccessful administrative review.

Asylum Appeals Success Rate during 2013-16

According to a research, 36,367 asylum appeals heard from Jan 2013 to Sept 2016. However, the success rates of asylum appeals varied at different hearing centres. For instance, 7,488 asylum appeals heard at Taylor House, with an immigration appeal success rate of 47%. However, the success rate of appeals heard at Harmondsworth was only 24%. The report concluded that the lack of a legal representative was the key factor for the variance in success rates.

TribunalSuccess rateCases heard
Total35%36,367
Taylor House47%7,488
Hatton Cross40%6,414
Manchester34%4,428
Birmingham34%4,177
Newport44%3,083
Bradford41%2,903
Glasgow28%1,979
Stoke36%1,923
North Shields30%1,848
Harmondsworth24%1,196
Richmond43%299
Belfast24%292
Nottingham39%140
Yarl's Wood21%125
Hendon39%72

7) UK immigration appeal decisions and success rate 2010-18

According to Official Statistics, from 2010/11 to Q3 2017/18, the total number of first-tier tribunal immigration decisions were 580,851. Moreover, during the same period, the upper tribunal decided 51,454 immigration appeals. Accordingly, the UK immigration appeal tribunal decisions relate to:

  • Managed Migration
  • Entry Clearance
  • Family Visit Visa
  • Deportation
  • Deprivation of Citizenship
  • Asylum, Protection
  • Revocation of Protection
  • Human Rights
  • EEA Free Movement

However, a number of appeals were turned down during 2010-18. Consequently, the immigration appeal success rate for first-tier tribunal immigration decisions is 45.10%. Whereas, the UK immigration appeal success rate for upper tribunal immigration appeal decisions is 37.70%.

Furthermore, an appellant can file an Appeal against First Tier Tribunal Decision in the UTIAC. Therefore, the UK immigration appeals decided by UTIAC largely represents the refused immigration appeals in the FTTIAC. Consequently, the UK Visa Appeal Success Rate is approx. close to 48.44% during 2010-18.

Home Office loses 75% of immigration appeals: The Guardian

According to a news report published in the Guardian, the Home Office loses 75% of UK immigration appeals.

Home Office loses 75% of its appeals against immigration rulings | The Guardian

Nearly three-quarters of final immigration court appeals brought by the Home Office against rulings allowing asylum seekers and other migrants to stay in the UK are dismissed, according to figures seen by the Guardian.

In the year from April 2017 to March 2018, 11,974 cases were determined in court, with 4,332 of the Home Office’s decisions being overturned.

Of those decisions granting leave to remain, the Home Office then referred 1,235 to the upper tribunal for further appeal, with 900 (73%) rejected by an independent judge, according to a freedom of information response.

8) First Tier Tribunal Immigration and Asylum Chamber Decisions

The First-tier Tribunal (Immigration and Asylum) has the jurisdiction to handle appeals against certain decisions made by the Home Office. Accordingly, the decisions mostly relate to entry clearance, deportation and permission to stay in the United Kingdom. Moreover, the Tribunal also has jurisdiction over immigration bail.

First Tier Tribunal: UK Visa Appeal Decisions 2010-2018

Table 2 provides the details yearly details of receipts, disposals and determinations by First Tier Tribunal Immigration & Asylum Chamber (FTTIAC). From 2010/11 to Q3 2017/18 the total number of receipts and disposals were 732,763 and 773,604, respectively. During the period the First Tier Tribunal Decided 580,851 immigration appeals on oral hearings and on papers.

Table 2 – First Tier Tribunal UK Immigration Appeal Decisions 2010-18
YearReceiptsDisposalsDecisions
2010/11146,104162,204130,880
2011/12122,371132,649100,720
2012/13103,92398,73368,187
2013/14104,996100,12267,471
2014/1591,62791,42166,262
2015/1676,92069,69652,068
2016/1754,43969,18454,585
Q1 2017/187,84717,58414,170
Q2 2017/189,65417,20314,113
Q3 2017/1814,88214,80812,395
Total732,763773,604580,851

First Tier Tribunal: UK Visa Appeal Decisions by Category

Table 3 provides the details of the UK immigration appeals by category, which indicates that during 2010-2018 most receipts (235,791), disposals (255,838) and First Tier Tribunal decisions (203,390) relate to Managed Migration.

Moreover, apart from managed migration, the First-Tier Tribunal also decides considerable immigration appeals cases relating to Family Visit Visa (127,430), Entry Clearance (100,918) and Asylum, Protection, Revocation of Protection (98,817)Accordingly, since 2015/16 the First-Tier Tribunal is in receipt of 611 immigration appeals relating to EEA Free Movement. Probably, the quantum of EEA immigration appeals may increase in future due to Brexit.

Table 3 – FTTIAC UK Immigration Appeal Decisions by Category 2010-18
CategoryReceiptsDisposalsDecisions
Managed Migration235,791255,838203,390
Entry Clearance127,667146,862100,918
Family Visit Visa160,728188,463127,430
Deport and others (Category Discontinues in 2015/16 Note 1)7,8137,7416,743
Deportation Appeals (Category Started from 2015/16 Note 2)1,9392,3882,012
Deprivation of Citizenship (Category Started from 2015/16)9910690
Asylum/Protection/Revocation of Protection (Note 3 & 4)108,705110,10198,817
Human Rights (Category Started from 2014/16 Note 3)61,27042,27728,268
EEA Free Movement (Category Started from 2015/16 Note 3)28,75119,82813,183
Total732,763773,604580,851

First Tier Tribunal: UK Visa Appeal Success Rate

Table 4 provides the details of the First Tier Tribunal Appeals Success and Refusal Rate from 2010/11 to Q3 2017/18. The average UK visa appeal success rate is 44.52%. Moreover, on a yearly basis, the UK immigration appeal refusal rate was lowest at 50.00% in Q 3 2017/18. Table 3 also indicates that perhaps the UK immigration appeal success rate reached nadir 39.00% in 2015/16.

Table 4 – First Tier Tribunal: UK Immigration Appeal Success Rate
Total580,85144.52%55.48%
YearDecisionsAllowed%Dismissed%
2010/11130,88048.50%51.50%
2011/12100,72045.07%54.93%
2012/1368,18744.00%56.00%
2013/1467,47144.00%56.00%
2014/1566,26240.00%60.00%
2015/1652,06839.00%61.00%
2016/1754,58543.00%57.00%
Q1 2017/1814,17047.00%53.00%
Q2 2017/1814,11349.00%51.00%
Q3 2017/1812,39550.00%50.00%

9) Upper Tribunal (UTIAC) Immigration Appeal Decisions

The UTIAC has the responsibility to handle appeals against decisions made by the First-tier Tribunal (Immigration and Asylum) relating to:

  • the right to enter or stay in the UK
  • asylum applications
  • visa applications

Similarly, the upper chamber also handles applications relating to judicial review. However, the judicial review applications usually relate to immigration, asylum and human rights claims.

Upper Tribunal Appeal Decisions 2010-18

Table 5 provides the details yearly details of receipts, disposals and determinations by Upper Tribunal Immigration & Asylum Chamber (UTIAC). From 2010/11 to Q3 2017/18 the total number of receipts and disposals were 62,933and 63,788, respectively. Accordingly, during the period UTIAC determined 51,454 UK immigration appeals at hearing/papers.

Table 5 – Upper Tribunal: UK Immigration Appeal Decisions 2010-18
Total62,93363,78851,454
YearReceiptsDisposalsDecisions
2010/118,9657,3166,621
2011/129,6319,0738,380
2012/137,2249,5608,086
2013/147,7128,9027,407
2014/159,2028,6546,875
2015/167,9708,0665,854
2016/176,2767,3935,102
Q1 2017/181,7811,6521,173
Q2 2017/181,9431,585970
Q3 2017/182,2291,587986

Upper Tribunal appeal decisions by category

Table 6 provides the details of the UK immigration appeals by category and case type. Moreover, Table 6 indicates that most receipts (27,918), disposals (28,663) and determinations relate to Managed Migration (23,535). Furthermore, Table 5 also indicates that UTAIC determines a considerable number of immigration appeals relating to Family Visit Visa (3,072) and  Asylum, Protection, Revocation of Protection (12,713). Accordingly, since 2016/17 UTAIC has received 611 immigration appeals relating to EEA Free Movement. Perhaps, this indicates that appeals relating to EEA Free Movement may increase in future due to Brexit.

Table 6 – Upper Tribunal: UK Immigration Appeal Decisions by Category 2010-18
Total62,93363,78851,454
CategoryReceiptsDisposalsDecisions
Managed Migration27,91828,66323,535
Entry Clearance9,47810,2129,101
Family Visit Visa3,1703,3573,072
Deport and others (Category Discontinues in 2015/16 Note 1)1,7101,5171,278
Deportation Appeals (Category Started from 2015/16 Note 2)661860615
Deprivation of Citizenship (Category Started from 2015/16)252018
Asylum/Protection/Revocation of Protection (Note 3 & 4)17,17117,51012,713
Human Rights (Category Started from 2014/16 Note 3)2,1891,326872
EEA Free Movement (Note 5)611323250

Upper Tribunal: Average Success Rate

Table 7 provides the details of the UK Immigration Appeals Success and Refusal Rate from 2010/11 to Q3 2017/18. Accordingly, the average UK visa appeal success rate is 37.68%which indicates that more than one out of three immigration appeals are successful. Moreover, on a yearly basis, the immigration appeal refusal rate was lowest (52.30%) in 2010/11. Table 6 also indicates that perhaps the UK immigration appeal success rate reached nadir (29.00%) in 2015/16.

Upper Tribunal: UK Appeal Success Rate 2018

During the first three-quarters of 2017/18, the UK visa appeal success rate is hovering the range of 29-31%, which is lower than the average success rate of 37.68% during 2010-2018.

Table 7 – Upper Tribunal: UK Immigration Appeal Success Rate 2010-18
Total51,45437.68%62.32%
YearDecisionsAllowed%Dismissed%
2010/116,62147.70%52.30%
2011/128,38046.28%53.72%
2012/138,08638.80%61.20%
2013/147,40737.00%63.00%
2014/156,87532.00%68.00%
2015/165,85429.00%71.00%
2016/175,10232.00%68.00%
Q1 2017/181,17331.00%69.00%
Q2 2017/1897030.00%70.00%
Q3 2017/1898629.00%71.00%

Note 1) Includes Deportation and Deprivation of Citizenship appeals up to and including 2014/15. Due to the introduction of the Immigration Act 2014, this category was discontinued in Q1 2015/16
Note 2) Deportation appeal is now for Foreign National Offenders who are EEA nationals only following the introduction of the Immigration Act 2014. Foreign National Offenders who are not EEA nationals can only now lodge appeals against deportation orders using one of the new appeals rights introduced by the Immigration Act 2014.
Note 3) The Immigration Act 2014 removed a number of appeal rights against Home Office and introduced new categories: Protection, Human Rights, EEA Free Movement and Revocation of Protection
Note 4) In addition to Asylum appeals, the column includes appeals relating to Protection and Revocation of Protection: introduced as part of the Immigration Act 2014.

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