This comprehensive UK immigration appeal guide covers the appeal process for asylum claims, human rights cases, visitor visa refusals, and other immigration decisions in 2026. Understanding your appeal rights and the tribunal process is essential when challenging a Home Office decision. This guide explains when you can appeal, the First-tier and Upper Tribunal procedures, processing times, success rates, and what to expect at each stage of your immigration appeal.
Who Has the Right to Appeal a UK Visa Refusal?
Not all UK visa refusals carry appeal rights. Your right to lodge a UK immigration appeal depends on the type of visa refused and the grounds for refusal. In most cases, appeal rights exist only where the decision engages your human rights or relates to asylum and protection claims.
Which Visa Refusals Have Appeal Rights?
Appeal rights typically exist for: asylum and protection claims, decisions revoking refugee status, human rights claims under Article 8 ECHR (right to family and private life), and certain family visa refusals. Most visitor, student, and work visa refusals do NOT have appeal rights unless they engage human rights grounds—these generally have administrative review instead.
Your refusal letter will confirm whether you have the right to appeal and provide the deadline for lodging your appeal. If you believe you should have appeal rights but they have not been granted, seek legal advice immediately.
Asylum & Refugee Status Appeals
Asylum seekers whose claims are refused have the right to appeal to the First-tier Tribunal. The appeal focuses on whether you have a genuine fear of persecution or serious harm in your home country. You can submit new evidence and have your case heard by an independent immigration judge who will assess whether the Home Office made the correct decision.
Asylum appeals are one of the most common types of immigration appeal heard by the First-tier Tribunal. If your asylum claim has been refused, you typically have 14 days to appeal if you're in the UK. The tribunal will consider whether returning you to your home country would breach the UK's obligations under the Refugee Convention or the European Convention on Human Rights.
Types of Asylum & Protection Appeals
- Asylum refusal: Appeal against refusal of refugee status based on fear of persecution
- Humanitarian protection refusal: When asylum is refused but you claim serious harm risk
- Refugee status revocation: When the Home Office seeks to remove your refugee status
- Deportation with protection claim: When facing deportation but claiming protection grounds
Human Rights Appeals (Article 8 ECHR)
Human rights appeals under Article 8 ECHR protect your right to respect for private and family life. These appeals arise when a Home Office decision would disproportionately interfere with your established life in the UK—such as long residence claims, parent-child relationships, or private life route applications. The tribunal must balance immigration control against your human rights.
Article 8 of the European Convention on Human Rights protects your right to private and family life. If a Home Office decision would result in separation from family members in the UK or disrupt your established private life, you may be able to appeal on human rights grounds.
Common Human Rights Appeal Scenarios
- Long residence: Living in the UK for 20+ years (lawfully for 10+ years) and facing removal
- Private life route: Established life in UK with significant ties making removal disproportionate
- Parent-child separation: British citizen child or child with long UK residence
- Exceptional circumstances: Compelling compassionate factors making removal unjustifiably harsh
Visitor, Student & Work Visa Appeals
Most visitor, student, and work visa refusals do NOT have appeal rights. Instead, you typically have two options: request an administrative review (where the Home Office checks for caseworking errors) or make a fresh application addressing the reasons for refusal. Appeals only exist if the refusal engages human rights grounds.
Options After Visitor Visa Refusal
If your visitor visa is refused, your options typically include:
- Reapply: Make a fresh application addressing the reasons for refusal with stronger evidence
- Judicial review: Challenge the decision in the High Court (for procedural errors only—expensive and rarely successful)
- Appeal (rare): Only if the refusal engaged human rights grounds (e.g., attending a funeral of close family member)
For most visitor visa refusals, reapplying with improved documentation is more practical than pursuing legal challenges. See our guide on chances of getting a visa after refusal for advice on strengthening your next application.
First-tier Tribunal Appeal Process
The First-tier Tribunal (Immigration and Asylum Chamber) hears initial immigration appeals. The process involves lodging your appeal within 14-28 days of refusal, paying the fee (£80-£140), exchanging evidence bundles with the Home Office, and attending a hearing where an independent judge decides your case. Average processing time is approximately 41 weeks.
- Step 1: Check your refusal letter confirms you have appeal rights
- Step 2: Complete form IAFT-1 (in-country) or IAFT-2 (out-of-country)
- Step 3: Pay the appeal fee (£80 paper / £140 oral hearing)
- Step 4: Submit within deadline: 14 days (UK) or 28 days (overseas)
- Step 5: Prepare your evidence bundle with all supporting documents
- Step 6: Attend hearing (in-person, video link, or paper determination)
- Step 7: Receive decision (usually within 4 weeks of hearing)
Appeal Processing Time and Success Rates
For current statistics, see the official Tribunal Statistics. If your case is experiencing delays beyond the average, see our guide on UK visa delays.
Upper Tribunal & Court of Appeal
If your First-tier Tribunal appeal is dismissed and you believe the judge made a legal error, you can seek permission to appeal to the Upper Tribunal (Immigration and Asylum Chamber). The Upper Tribunal only considers whether there was a legal error in the First-tier decision—it does not rehear the entire case. The success rate at the Upper Tribunal is approximately 59% for substantive hearings.
UK Immigration Appeal Hierarchy
Appeals to the Upper Tribunal and beyond require legal representation. If you believe the First-tier Tribunal made a legal error in your case, you should seek advice from an immigration solicitor immediately, as strict time limits apply for seeking permission to appeal.
- Appeal rights typically exist for asylum, human rights, and refugee status decisions
- Most visitor, student, and work visa refusals have administrative review, not appeal
- Appeal deadlines: 14 days (in-UK) or 28 days (overseas)
- Appeal fees: £80 (paper) or £140 (oral hearing)
- Average processing time: ~41 weeks; success rate: ~48%
For official guidance on the immigration appeal process, visit gov.uk Immigration and Asylum Tribunal.
Frequently Asked Questions
Can I appeal a UK visitor visa refusal?
Most visitor visa refusals do not carry appeal rights. Your main options are to reapply with stronger evidence addressing the refusal reasons, or in rare cases, seek judicial review if there were procedural errors. Appeal rights only exist if the refusal engaged human rights grounds (e.g., preventing you from attending a close family member's funeral).
What is the difference between appeal and administrative review?
An immigration appeal goes to an independent tribunal that can overturn the Home Office decision based on law and evidence—you can submit new evidence and have your case fully reconsidered. An administrative review is an internal Home Office process that only checks for caseworking errors in the original decision—it cannot consider new evidence or reassess the merits of your case.
How long does a UK immigration appeal take?
The average UK immigration appeal at the First-tier Tribunal takes approximately 41 weeks from lodging to receiving a decision. This can vary depending on case complexity and tribunal workload. If your appeal goes to the Upper Tribunal, add an additional 6-12 months to the timeline.
What is the success rate for UK immigration appeals?
The success rate at the First-tier Tribunal is approximately 48% (2024 data). At the Upper Tribunal, the success rate for substantive hearings is approximately 59%. Success rates vary by case type—asylum appeals have different outcomes than human rights appeals. Proper preparation and legal representation significantly improve your chances.
What is the deadline to appeal a UK visa refusal?
You must lodge your appeal within 14 calendar days if you are in the UK, or 28 calendar days if you are outside the UK. The deadline runs from the date you received the refusal decision, not the date on the letter. Missing this deadline means losing your right to appeal entirely.
Can I submit new evidence during an immigration appeal?
Yes, you can submit new evidence during your immigration appeal to the First-tier Tribunal. This is one of the key advantages of an appeal over an administrative review. New evidence should directly address the reasons for refusal and must be submitted before the tribunal's deadline for evidence exchange.
What happens if my immigration appeal is successful?
If your appeal is allowed, the Home Office must reconsider its decision in light of the tribunal's findings. They may either accept the decision and grant your visa/status, or seek permission to appeal to the Upper Tribunal (within 5-28 days depending on case type). If they don't challenge, you'll receive instructions about obtaining your visa or status confirmation.
Do I need a lawyer for an immigration appeal?
Legal representation is not mandatory but strongly recommended, especially for complex cases. Immigration law is highly technical, and experienced solicitors can significantly improve your chances of success. For asylum appeals, you may qualify for legal aid. For other appeals, consider seeking advice from an immigration solicitor to assess your case strength before proceeding.