Appeals against the Home Office, UK Visas & Immigration (UKVI)

An individual can appeal to the First Tier Tribunal within 28 days of receiving the notice of refusal from the Entry Clearance Officer (ECO), if his or her application for entry clearance (UK Visa) is refused by the ECO and they are outside the UK. This is normally known as an entry clearance appeal.

An individual who is inside the UK and his or her application for stay in the UK Economy has been refused, they can appeal against the refusal of such an application to the First Tier Tribunal and this must be done within 10 working days from the date of receiving the refusal letter if the individual is not in detention. An appeal can be filed within 5 working days if the individual is in detention. An individual can file for an appeal within 2 working days if he or she has been detained and their asylum claim has been put under the fast track process.

An individual can file an application to the First Tier Tribunal for permission to appeal to the Upper Tribunal, if the appeal against the refusal of their application has been dismissed by the Immigration Judge sitting at the First Tier Tribunal. This type of application must be made within 28 days if the applicant is outside the UK and within 5 working days if he or she is inside the UK. On the grounds where the Immigration Judge at the First Tier Tribunal made a material error of law while determining the appeal, an application for permission to appeal to the Upper Tribunal can be made. A similar application can be made by the UKBA to the First Tier Tribunal based on the situation where the Immigration Judge made a material error of law when determining the appeal if the applicant’s appeal has been permitted.

An additional application to the Upper Tribunal for permission to appeal to the Upper Tribunal can be made if the application to the First Tier Tribunal for permission to appeal has been declined by the First Tribunal. This application must be made by the applicant within 5 working days of receiving the decision if he or she is in the UK and within 28 days if he or she is outside the UK.

The matter for appeal hearing will be listed by the Upper Tribunal which decides whether the Immigration Judge made a substantial error of law or if the original decision of the Immigration Judge should be put aside, if an application for permission has been granted either by the First Tier Tribunal or the Upper Tribunal.

An application can be filed to the Upper Tribunal for permission to appeal to the Court of Appeal if the Upper Tribunal had dismissed the appeal. In the situation where such an application has been refused by the Upper Tribunal, another application can be made to the Court of Appeal for permission to appeal to the Court of Appeal. The Court of Appeal will hear and decide the appeal if permission has been granted.