First-Tier Tribunal Immigration Appeal Processing Time 2026: Key Insights & Timeline

If your UK visa or immigration application has been refused by the Home Office, you may have the right to appeal to the First-tier Tribunal (Immigration and Asylum Chamber). Understanding the appeal process, timescales, and your legal options is crucial to achieving a successful outcome.

This comprehensive guide explains everything you need to know about First-tier tribunal immigration appeals in 2026, including current processing times, eligibility criteria, grounds for appeal, and how our specialist immigration solicitors can help you challenge a Home Office refusal decision.

Need urgent advice on your immigration appeal?  Call our First-tier Tribunal immigration appeal solicitors on 01614644140 for expert guidance. Deluxe Law Chambers specialises in preparing and presenting successful immigration appeals before the Immigration and Asylum Chamber. The quality service provided by our UK immigration lawyers is self-evident from our 5-star Google Reviews.

Table of Contents

What is the First-tier Tribunal (Immigration and Asylum Chamber)?

The First-tier Tribunal (Immigration and Asylum Chamber), commonly referred to as the Immigration Tribunal or First-tier Immigration Tribunal, is an independent judicial body that hears appeals against Home Office immigration decisions. It is the first level of the UK’s immigration court system and operates entirely independently from the Home Office.

The Immigration and Asylum Chamber has the legal authority to:

• Review Home Office refusal decisions on entry clearance applications, permission to stay, and deportation orders
• Overturn unlawful Home Office decisions
• Allow appeals where the Home Office has acted contrary to immigration law or human rights obligations
• Provide binding determinations that the Home Office must follow

Immigration appeals are heard by Immigration Judges who assess whether the Home Office decision was lawful under UK immigration law, the Immigration Rules, the Human Rights Act 1998, and international obligations including the Refugee Convention.

Processing Times for Immigration Appeals in 2026

How Long Does a First-tier Tribunal Immigration Appeal Take?

The average processing time for a First-tier Tribunal immigration appeal from submission to final decision is between 6 months and 1 year. However, processing times vary significantly depending on the type of appeal and complexity of your case.

According to the latest government tribunal statistics, the current average waiting times by appeal category are:

• Asylum and Protection Appeals: 53 weeks (approximately 12-13 months)
• Human Rights Appeals: 45 weeks (approximately 10-11 months)
• EEA Free Movement Appeals: 36 weeks (approximately 8-9 months)

These figures represent the time from lodging your notice of appeal to receiving the Immigration Judge’s written determination. The overall timeframe includes:

1. Initial appeal registration and case allocation (2-4 weeks)
2. Waiting for the Home Office bundle and review (8-20 weeks)
3. Case management and preparation period (4-12 weeks)
4. Waiting for a hearing date to be listed (12-30 weeks)
5. The appeal hearing itself (typically 2-6 hours)
6. Awaiting the Immigration Judge’s written determination (3-4 weeks after hearing)

Why Are Immigration Appeals Taking So Long?

Several factors contribute to extended processing times for First-tier Tribunal immigration appeals:

Home Office Delays: Research by the Tribunal shows that delays in the Home Office submitting their case bundle to the Immigration Tribunal are a primary cause of extended waiting times. These delays stem from high workloads, resource shortages, and backlogs that worsened during the COVID-19 pandemic.

Late Submission of Evidence: Poor early-stage engagement from both the Home Office and some legal representatives leads to last-minute submissions of crucial documents, resulting in adjourned hearings and rescheduling delays.

Waiting for the Home Office Bundle: In some cases, appellants have reported waiting over five months for the Home Office to produce their documentary evidence bundle, which is essential for the appeal to proceed.

Tribunal Capacity: The volume of immigration appeals being lodged has increased significantly, placing pressure on the Immigration and Asylum Chamber’s capacity to list hearings promptly.

Who Has the Right to Appeal to the First-tier Tribunal?

Not all Home Office immigration decisions carry a right of appeal to the First-tier Tribunal. Your right to appeal depends on the type of decision made and the nature of your application.

You Generally Have a Right of Appeal if the Home Office Has:

Refused or Revoked Protection Status:

• Refused your asylum claim (protection claim under the Refugee Convention)
• Refused your humanitarian protection claim
• Revoked your refugee status or humanitarian protection

Refused a Human Rights Claim:

• Refused your application to remain in the UK based on family life or private life under Article 8 of the European Convention on Human Rights
• Refused applications under Appendix FM (spouse visa, partner visa, fiancé visa, parent visa, child visa)
• Refused applications under Part 8 of the Immigration Rules (family members)
• Refused long residence applications (10 years lawful residence)
• Refused private life applications
• Refused applications as a partner or child of a member of HM Forces

Made Certain Decisions Under European Regulations:

• Refused or revoked your status under the EU Settlement Scheme (settled status or pre-settled status)
• Refused to vary the length or conditions of your stay under the EU Settlement Scheme
• Issued a deportation order under the EU Settlement Scheme
• Refused or revoked travel permits or family permits under the EU Settlement Scheme
• Refused or revoked residence documents under the Immigration (European Economic Area) Regulations 2016 (where saving provisions apply)
• Made decisions affecting frontier workers or S2 healthcare visitors

Revoked Your British Citizenship:

• Decided to deprive you of British citizenship under the British Nationality Act 1981

When You Do NOT Have a Right of Appeal

You will not have a right of appeal to the First-tier Tribunal if:

• Your asylum or human rights claim has been certified as “clearly unfounded” by the Home Office
• Your further submissions have been rejected as not amounting to a fresh claim under paragraph 353 of the Immigration Rules
• Your application falls outside the categories of appealable decisions listed above
• The decision relates to certain immigration categories that do not carry appeal rights (such as most work visas, student visas, or visitor visas when refused on Immigration Rules grounds alone)

Important: If your claim has been certified as clearly unfounded, you may still be able to challenge this certification through Judicial Review. Similarly, if you believe the Home Office was wrong to reject your further submissions as not amounting to a fresh claim, Judicial Review may be available.

Administrative Review as an Alternative

If your refused application does not carry a right of appeal, you may be eligible to apply for an Administrative Review instead. Administrative Review is available for certain types of applications where the Home Office may have made a case working error. Our immigration solicitors can advise whether Administrative Review or another legal remedy is appropriate for your circumstances.

Arguing Jurisdiction Before the Tribunal

In some cases, it may be possible to lodge an appeal even where the Home Office asserts you have no right to do so. This requires arguing before the Immigration Tribunal that it has jurisdiction to hear your appeal. For example, a refused returning resident visa application where you have strong family ties in the UK may be arguable as a human rights claim, giving rise to appeal rights.

Need clarification on your appeal rights? Our specialist immigration appeal solicitors can review your Home Office refusal decision and advise you on whether you have grounds to appeal. Call 01614644140 for expert advice.

Appealable Human Rights Claims Explained

A human rights claim in immigration law is any claim that to remove you from the UK, refuse you entry, or require you to leave would be unlawful under section 6 of the Human Rights Act 1998. This most commonly involves Article 8 rights to respect for private and family life.

Applications Made From Within the UK

Certain in-country applications submitted under the Immigration Rules are automatically treated as human rights applications and therefore carry a right of appeal if refused:

Long Residence Applications:

• Applications based on 10 years continuous lawful residence in the UK

Appendix FM Applications (Family Immigration Rules):

• Spouse visa extension applications
• Civil partner visa extension applications
• Unmarried partner visa extension applications
• Parent of a British child applications
• Adult dependent relative applications (in limited circumstances)
• Applications as a child joining or remaining with family

Part 8 Applications (Other Family Members):

• Applications for permission to remain with family members who are not covered by Appendix FM

Private Life Applications:

• Applications based on long residence in the UK (including under the 20-year and 10-year private life routes)
• Applications based on significant private life ties to the UK

HM Forces Family Member Applications:

• Applications as a partner or child of a serving member of HM Forces

Some applications made outside the Immigration Rules may also be treated as human rights claims with appeal rights, particularly where the applicant argues that refusal would breach their Article 8 rights to family or private life.

Applications Made From Outside the UK

The following out-of-country applications under the Immigration Rules generally attract a right of appeal against refusal:

Appendix FM Entry Clearance Applications:

• Spouse visa applications
• Civil partner visa applications
• Fiancé or proposed civil partner visa applications
• Unmarried partner visa applications
• Adult dependent relative visa applications
• Applications as a child joining family in the UK

Part 8 Entry Clearance Applications:

• Applications by other family members not covered by Appendix FM

HM Forces Family Member Applications:

• Applications as a partner or child of a member of HM Forces

When applying for entry clearance from outside the UK, a human rights claim made outside the Immigration Rules would need to form part of a valid application under a specific route in the Immigration Rules. For instance, you could include human rights representations with a visit visa application, arguing that leave should be granted outside the normal rules. If the Home Office accepts that a human rights claim has been made, any refusal decision will generally carry appeal rights.

When Can You Appeal a Protection or Asylum Claim?

Protection claims include both asylum claims (claims for refugee status under the 1951 Refugee Convention) and claims for humanitarian protection for individuals who face serious harm if returned to their country of origin but who fall outside the Refugee Convention definition.

Grounds for Protection Claims

You can appeal a Home Office decision refusing or revoking protection status on the following grounds:

Refugee Convention Claims:

• You face persecution in your home country due to your race, religion, nationality, political opinion, or membership of a particular social group
• The Home Office’s refusal to recognise you as a refugee breaches the UK’s obligations under the 1951 Refugee Convention and 1967 Protocol

Humanitarian Protection Claims:

• You face serious harm if returned to your country of origin, including:
  • Death penalty or execution
  • Torture or inhuman or degrading treatment or punishment
  • Serious and individual threat to your life or person by reason of indiscriminate violence in situations of international or internal armed conflict
• The Home Office’s refusal breaches the UK’s obligations in relation to persons eligible for humanitarian protection

Human Rights Claims Within Protection Appeals:

• Removal would breach your rights under the European Convention on Human Rights, particularly:
  • Article 3 (prohibition of torture and inhuman or degrading treatment)
  • Article 8 (right to respect for private and family life)
  • Article 2 (right to life)

Protection appeals are among the most complex immigration appeals and require detailed country evidence, expert reports, and thorough preparation of witness testimony. Our immigration appeal solicitors have extensive experience in preparing asylum and humanitarian protection appeals before the Immigration and Asylum Chamber.

Limitations on Appeal Rights: Clearly Unfounded Certifications

The Home Office has the power to certify certain human rights claims or protection claims as “clearly unfounded”. When a claim is certified as clearly unfounded, you lose your right to appeal from within the UK.

What Does “Clearly Unfounded” Mean?

A claim is clearly unfounded if it is so weak that it has no realistic prospect of success before an Immigration Judge. This is a high threshold, and the Home Office must provide clear reasons why your claim meets this test.

Clearly unfounded certification is most commonly applied in cases where:

• The applicant is a national of a country designated as safe for the purposes of asylum claims
• The factual basis of the claim is demonstrably false or fabricated
• The claim has no legal basis whatsoever in human rights or protection law

Challenging a Clearly Unfounded Certificate

If your claim has been certified as clearly unfounded, you cannot appeal to the First-tier Tribunal from within the UK. However, you can challenge the certificate itself through an application for Judicial Review in the High Court or Court of Session.

A successful Judicial Review of a clearly unfounded certificate can:

• Result in the certificate being quashed (removed)
• Restore your right of appeal to the First-tier Tribunal
• Allow you to pursue your appeal from within the UK

Time limits for Judicial Review are strict (generally within 3 months of the decision, but often much sooner for immigration cases). It is essential to seek urgent legal advice from specialist immigration judicial review solicitors if your claim has been certified.

Fresh Claims and Further Submissions

Where you have made further submissions following a previous refusal of asylum or human rights protection, the Home Office will first assess whether your submissions amount to a fresh claim under paragraph 353 of the Immigration Rules.

If the Home Office decides your further submissions do not amount to a fresh claim, there is:

• No human rights or protection claim to certify
• No right of appeal to the First-tier Tribunal
• Potential grounds for Judicial Review if the decision was legally flawed

Our immigration solicitors can assess the strength of any Judicial Review challenge and advise on the merits of pursuing this route.

Time Limits for Lodging an Immigration Appeal

Strict time limits apply to immigration appeals, and missing these deadlines can result in your appeal being rejected as out of time.

If You Are in the UK (In-Country Appeals)

You have 14 calendar days to lodge your notice of appeal, calculated from the date the Home Office decision notice was sent to you (not the date you received it).

Example: If the Home Office decision is dated and sent on 1st March 2025, your deadline to appeal is 14th March 2025 (inclusive).

If You Are Outside the UK (Out-of-Country Appeals)

You have 28 calendar days to lodge your notice of appeal, calculated from the date you received the Home Office decision.

Example: If you received your entry clearance refusal on 5th March 2025, your deadline to appeal is 1st April 2025 (inclusive).

Special Rules for EU Settlement Scheme Appeals

If you have applied for an Administrative Review of an EU Settlement Scheme decision, the time limit to appeal may begin from the date you receive the Administrative Review decision, rather than the original refusal decision. This depends on the specific circumstances of your case.

Calendar Days vs Business Days

Critical: Time limits are calculated in calendar days, not business days. This means weekends and bank holidays count towards your deadline.

The only exception is when the final day for lodging your appeal falls on a non-working day. In this case, your appeal is considered in time if lodged on the next working day.

Working days are defined as any day except:

• Saturdays and Sundays
• Christmas Day
• Good Friday
• Bank holidays
• 27th to 31st December (inclusive)

Out of Time Appeals

If you miss the deadline to appeal, you can still submit a late appeal by:

• Including an application for an extension of time with your notice of appeal
• Providing a clear explanation for why your appeal was not lodged in time
• Providing supporting evidence (such as medical evidence, evidence of postal delays, or evidence that you were not properly notified of the decision)

The Immigration Tribunal has discretion to accept late appeals where there is a good reason for the delay. However, you should not rely on this and should always aim to lodge your appeal within the prescribed time limit.

Urgent Advice Needed? If you are approaching your appeal deadline, contact our immigration appeal solicitors immediately on 01614644140. We can prepare and submit your appeal quickly to meet tight deadlines.

Grounds of Appeal Under Immigration Law

The grounds on which you can bring an appeal to the First-tier Tribunal are set out in UK immigration legislation and depend on the type of decision being challenged.

Appeals Against Human Rights Claim Refusals

An appeal against the refusal of a human rights claim may only be brought on the ground that:

The decision is unlawful under section 6 of the Human Rights Act 1998

This means you must establish that the Home Office decision breaches your rights under the European Convention on Human Rights, most commonly:

• Article 8: Right to respect for private and family life
  • Applies to family reunion cases, long residence cases, and cases involving established private life in the UK
  • Requires consideration of the proportionality of the Home Office decision
• Article 3: Prohibition of torture and inhuman or degrading treatment
  • Applies where removal would expose you to ill-treatment in your country of origin
  • Can apply in exceptional medical cases where removal would cause significant harm
• Article 2: Right to life
  • Applies where removal would expose you to a real risk to your life

Appeals Against Protection Claim Refusals

An appeal against the refusal of a protection claim (asylum or humanitarian protection) may be brought on one or more of the following grounds:

• Removal would breach the UK’s obligations under the Refugee Convention
  • You meet the definition of a refugee under the 1951 Convention
  • You face persecution for a Convention reason
• Removal would breach the UK’s obligations in relation to humanitarian protection
  • You face serious harm as defined in the Immigration Rules if returned
  • Includes risk of death penalty, torture, or serious threat in armed conflict
• Removal would be unlawful under section 6 of the Human Rights Act 1998
  • Additional human rights grounds as described above

Appeals Against Revocation of Protection Status

If the Home Office has revoked your refugee status or humanitarian protection, you can appeal on the grounds that:

• Removal would breach the UK’s obligations under the Refugee Convention, OR
• Removal would breach the UK’s obligations in relation to persons eligible for humanitarian protection

Appeals Under the Immigration (EEA) Regulations 2016

Where saving provisions apply, appeals against decisions to refuse residence documents or deport under the EEA Regulations may only be brought on the ground that:

The decision breaches your rights under the EU Treaties in respect of entry to or residence in the United Kingdom

Appeals Under the EU Settlement Scheme

Appeals against decisions under the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020, including refusals of settled status or pre-settled status, may be brought on the ground that:

The decision breaches any right under the EU Withdrawal Agreement, EEA EFTA Separation Agreement, or Swiss Citizens’ Rights Agreement, OR is not in accordance with the Immigration Rules, Immigration Acts, or Regulations by virtue of which it was made

Appeals Against Deprivation of British Citizenship

Appeals against decisions to revoke British citizenship are brought on the basis that the Home Office decision was legally flawed under the British Nationality Act 1981.

How to Appeal a Home Office Immigration Decision

The process of appealing to the First-tier Tribunal involves several stages. Having expert legal representation throughout this process significantly increases your prospects of success.

Step 1: Submitting Your Notice of Appeal

Most immigration appeals are now submitted online through the MyHMCTS (My HM Courts and Tribunals Service) digital system. This online portal allows for electronic submission and management of your appeal.

Exceptions requiring paper forms:

• Appeals against refusals of settled status or pre-settled status under the EU Settlement Scheme
• Appeals by individuals in immigration detention
• Cases where online submission is not technically possible

When we lodge your immigration appeal on your behalf, we will:

• Complete the Notice of Appeal form accurately and comprehensively
• Set out your grounds of appeal clearly and precisely
• Specify whether you wish your appeal to be determined at an oral hearing or on the papers
• Pay the applicable appeal fee (or apply for fee exemption if eligible)
• Ensure submission within the strict time limits

Step 2: Choosing Hearing Type

You can request that your immigration appeal be decided either:

At an Oral Hearing (Recommended in Most Cases):

• You, your witnesses, and your immigration barrister attend before an Immigration Judge
• Evidence is given orally under oath
• Your barrister can cross-examine any Home Office witnesses
• Your barrister makes legal submissions on your behalf
• Allows the Immigration Judge to assess credibility and ask clarifying questions

On the Papers (Paper Determination):

• The Immigration Judge decides your appeal based solely on written submissions and documentary evidence
• No hearing attendance required
• May be appropriate for straightforward legal points or where all evidence is documentary
• Generally not recommended where credibility is in issue

In the vast majority of cases, we recommend requesting an oral hearing to give you the best opportunity to present your case fully.

Step 3: Preparing Your Appeal Skeleton Argument

Once your appeal has been lodged, the most critical stage of preparation begins. We will prepare a comprehensive Appeal Skeleton Argument (ASA), which is a detailed legal document that:

• Summarises the background and facts of your case
• Sets out the legal framework applicable to your appeal
• Identifies the specific errors of law or fact made by the Home Office
• Explains why the Home Office decision should be overturned
• Addresses each ground of appeal systematically
• References relevant case law from the Upper Tribunal, Court of Appeal, and Supreme Court
• Includes a schedule of issues identifying what is disputed and what is agreed

The ASA is accompanied by:

• Witness statements from you and any supporting witnesses
• Documentary evidence (birth certificates, marriage certificates, financial documents, medical evidence, country guidance, expert reports, etc.)
• A paginated and indexed bundle of documents

Step 4: The Home Office Review

Once we submit your ASA and evidence bundle to the Immigration Tribunal, it is forwarded to the Home Office for their review. The Home Office will then:

• Review the grounds of appeal and new evidence
• Consider whether their original decision was correct
• Decide whether to maintain their refusal or concede the appeal

This review stage is a crucial opportunity to resolve your case without the need for a full hearing. The Home Office has the power to:

Concede the Appeal:

• Agree that their decision should be overturned
• Consent to your appeal being allowed by the Tribunal
• Issue the appropriate immigration status or entry clearance

Withdraw to Re-decide:

• Withdraw their original decision
• Agree to reconsider your application with a fresh decision
• Potentially grant your application without the need for a hearing

Maintain Their Refusal:

• Defend their decision at the appeal hearing
• Submit their own evidence and legal submissions

A well-prepared immigration appeal with strong legal arguments and comprehensive evidence significantly increases the likelihood of a favourable outcome at the review stage. Many of our clients have had their appeals conceded by the Home Office before reaching a hearing, saving months of additional waiting time.

Step 5: Case Management and Directions

If the appeal proceeds to a hearing, the Immigration Tribunal will actively manage your case. This may include:

Issuing Directions to both parties, such as:

• Deadlines for submitting further evidence
• Requirements for witness statements
• Instructions for expert evidence
• Timetables for disclosure

Pre-Hearing Reviews:

• Case management review hearings to resolve preliminary issues
• Directions hearings to ensure both parties are ready

Urgent Applications:

• Applications to expedite the hearing date (see section on speeding up appeals)
• Applications to adjourn if additional time is needed

Step 6: The Immigration Appeal Hearing

Once case preparation is complete, you will be notified of the date, time, and location of your immigration appeal hearing. The hearing will take place before an Immigration Judge of the First-tier Tribunal (Immigration and Asylum Chamber).

Hearing Location: You may be required to attend:

• In person at a Tribunal hearing centre (Birmingham, Bradford, Glasgow, Hatton Cross, Manchester, Newport, North Shields, Taylor House London, or Field House London)
• Remotely via video link (CVP – Cloud Video Platform)
• By telephone (in limited circumstances)

What Happens at the Hearing:

• Introduction: The Immigration Judge introduces themselves and explains the hearing process
• Appellant’s Evidence: You give evidence under oath and may be cross-examined by the Home Office representative (Presenting Officer)
• Appellant’s Witnesses: Any supporting witnesses give evidence and may be cross-examined
• Home Office Evidence: If the Home Office calls witnesses, they give evidence and your barrister can cross-examine them
• Legal Submissions: Your immigration barrister makes oral submissions explaining why your appeal should be allowed, followed by submissions from the Home Office
• Judge’s Questions: The Immigration Judge may ask questions throughout the hearing
• Closing: The Immigration Judge confirms next steps for issuing the decision

Most immigration appeal hearings last between 2 to 6 hours, depending on the complexity of the case and the number of witnesses.

Your immigration barrister will:

• Represent you throughout the hearing
• Ask you questions to bring out your evidence clearly
• Cross-examine any Home Office witnesses
• Make persuasive legal submissions on your behalf
• Address any concerns raised by the Immigration Judge
• Ensure all relevant evidence and legal arguments are before the Tribunal

What Happens During the Home Office Review?

The Home Office review process is one of the most important stages of your immigration appeal. Understanding how this works can help you appreciate the value of submitting a well-prepared appeal from the outset.

When Does the Review Happen?

Once your notice of appeal, Appeal Skeleton Argument, and evidence bundle are submitted to the Immigration Tribunal, they are automatically forwarded to the Home Office Presenting Officers Unit. The Home Office is required to review your case before defending it at a hearing.

What Does the Home Office Consider?

During their review, the Home Office will assess:

• New Evidence: Any documents or evidence you have submitted that were not before the original decision-maker
• Legal Arguments: The grounds of appeal and legal submissions in your ASA
• Home Office Errors: Whether the original decision-maker made errors of law or fact
• Changed Circumstances: Any changes in your situation since the original decision
• Costs and Resources: Whether defending the appeal is proportionate given the strength of their case

Possible Outcomes of the Review

Concession (Appeal Allowed by Consent): The Home Office accepts that their decision was wrong and agrees to allow your appeal. This results in your immigration status being granted without the need for a hearing.

Withdrawal to Re-decide: The Home Office agrees to withdraw their original decision and reconsider your application from scratch. This can happen when new evidence addresses the original reasons for refusal, but the Home Office wants to reassess under their current policies.

Maintained Refusal: The Home Office stands by their decision and will contest the appeal at a hearing. They will submit a Review bundle (Home Office bundle) containing their evidence and legal arguments.

How to Increase the Chances of a Favourable Review

The quality of your initial appeal submission directly affects the likelihood of the Home Office conceding or withdrawing. To maximise your chances:

• Submit comprehensive evidence addressing every reason for refusal
• Provide a detailed and legally robust Appeal Skeleton Argument
• Include expert evidence where appropriate (medical reports, country evidence, expert witness statements)
• Ensure all documents are properly translated and certified where required
• Present clear and consistent witness evidence

At Deluxe Law Chambers, our immigration appeal solicitors have extensive experience in preparing appeals that lead to Home Office concessions. We understand what the Home Office reviewing officers are looking for and how to present your case in the most persuasive manner.

Immigration Appeal Hearing Process

If your appeal proceeds to a hearing, understanding what to expect can help you prepare effectively and reduce anxiety on the day.

Before the Hearing

Preparation with Your Solicitor: In the weeks leading up to your hearing, your immigration barrister will:

• Hold a detailed conference with you to go through your evidence
• Prepare you for giving oral testimony
• Anticipate likely questions from the Immigration Judge and Home Office
• Review all documentary evidence
• Finalise legal submissions

What to Bring:

• Photo identification
• Your original documents (birth certificate, marriage certificate, passports, etc.)
• Any additional evidence that has become available since submitting your bundle
• A copy of your witness statement to refer to

During the Hearing

Hearing Structure:

• Introduction and Preliminary Issues (15-30 minutes)
  • The Immigration Judge introduces the hearing
  • Any preliminary applications are heard (e.g., to add late evidence)
  • The running order is confirmed
• Appellant’s Case (1-3 hours)
  • You give evidence under oath or affirmation
  • Your barrister asks you questions to bring out your evidence (examination-in-chief)
  • The Home Office Presenting Officer may cross-examine you
  • The Immigration Judge may ask you questions
  • Any supporting witnesses give evidence in the same way
• Home Office Case (30 minutes – 2 hours)
  • If the Home Office is calling witnesses, they give evidence
  • Your barrister can cross-examine Home Office witnesses
  • The Home Office may present additional documentary evidence
• Legal Submissions (30-60 minutes)
  • Your barrister makes oral legal submissions explaining why the appeal should be allowed
  • The Home Office Presenting Officer responds with their legal submissions
  • Your barrister may be given an opportunity to reply
• Closing (5-10 minutes)
  • The Immigration Judge confirms when the decision will be issued
  • Any final administrative matters are dealt with

Your Immigration Judge

Immigration Judges are legally qualified professionals, often with extensive experience as solicitors or barristers specialising in immigration law. They are:

• Independent of the Home Office
• Required to apply the law impartially
• Empowered to allow or dismiss appeals based on the evidence and law
• Able to make findings of fact and credibility

Giving Evidence

When giving evidence at your immigration appeal hearing:

Do:

• Listen carefully to each question before answering
• Answer honestly and directly
• Say if you don’t understand a question or need it rephrased
• Refer to documents if you need to refresh your memory
• Take your time when answering

Don’t:

• Guess if you don’t know the answer
• Exaggerate or embellish your evidence
• Become argumentative with the Home Office Presenting Officer
• Interrupt the Immigration Judge
• Provide information that contradicts your written statement without explanation

Your immigration barrister will be there to support you throughout and can object to improper questions or seek clarification from the judge if needed.

Immigration Appeal Fees and Exemptions

Standard Appeal Fees

The fees for lodging an immigration appeal to the First-tier Tribunal (Immigration and Asylum Chamber) are:

• Paper Appeal (decided without a hearing): £80
• Oral Hearing Appeal: £140

These fees must be paid at the time of submitting your notice of appeal, unless you are exempt from paying a fee.

Fee Exemptions

You are exempt from paying an immigration appeal fee if your appeal relates to:

Deprivation of British Citizenship:

• Appeals against decisions to revoke your British citizenship under the British Nationality Act 1981

Fee Awards If Your Appeal is Allowed

If your immigration appeal is successful, you may be entitled to a fee award requiring the Home Office to reimburse your appeal fee. The Immigration Judge can consider making a fee award either:

• At your request at the end of the hearing, or
• Of their own initiative if the circumstances warrant it

A fee award is more likely to be granted where:

• The Home Office decision was clearly flawed
• You provided all necessary evidence and information to the Home Office before the original decision
• The Home Office had a fair opportunity to make the correct decision
• The refusal caused you to incur unnecessary costs

Your immigration barrister can make submissions requesting a fee award if your appeal is allowed.

Your Immigration Status During an Appeal (Section 3C Leave)

What is Section 3C Leave?

Section 3C of the Immigration Act 1971 provides for automatic extension of your leave to remain in the UK in certain circumstances. This is crucial for understanding your lawful immigration status while your appeal is pending.

When Does Section 3C Leave Apply?

Section 3C leave automatically extends your permission to stay in the UK if:

• You had valid leave when you made your application or claim to the Home Office, AND
• That leave expired before the Home Office made their decision on your application, AND
• You lodged an in-time appeal against the Home Office refusal decision

If all three conditions are met, your leave is automatically extended from the date it would have expired until your appeal is finally determined.

What Does “Finally Determined” Mean?

Your appeal is finally determined when:

• The time limit for appealing has expired without an appeal being lodged
• The appeal is withdrawn or abandoned
• The First-tier Tribunal dismisses your appeal and you do not seek permission to appeal to the Upper Tribunal within the time limit
• The Upper Tribunal (or higher courts) make a final decision on your case
• The Home Office grants you leave following a successful appeal

Rights Under Section 3C Leave

While you have section 3C leave, you:

• Can remain in the UK lawfully
• Can continue working if your previous leave permitted this (subject to any conditions)
• Can study if your previous leave permitted this
• Are not an overstayer or illegal entrant
• Retain the same conditions that attached to your previous leave

When Does Section 3C Leave End?

Section 3C leave comes to an end when:

• Your appeal is finally determined (as defined above)
• You leave the United Kingdom
• You are granted a new grant of leave by the Home Office
• You withdraw your appeal

Important: If the deadline to appeal expires without you lodging an appeal, section 3C leave ends immediately. If you later apply for permission to appeal out of time and this is granted, section 3C leave will revive, but only from the date permission is granted (not backdated).

If You Don’t Have Section 3C Leave

If you did not have valid leave when you applied, or if your leave had not yet expired when the Home Office made their decision, you will not benefit from section 3C leave. In these circumstances:

• You may be in the UK without valid leave
• You should seek urgent immigration advice about your options
• You may need to consider whether to leave the UK while your appeal is pending (noting that this will cause your appeal to be treated as abandoned)

Can You Travel While Your Appeal is Pending?

Leaving the UK During an In-Country Appeal

If you have lodged an appeal from within the UK and you leave the United Kingdom while your appeal is pending, your appeal will automatically be treated as abandoned. This means:

• Your appeal will no longer be heard
• You lose the right to have your case determined by an Immigration Judge
• You will need to make a fresh application from overseas if you wish to come to the UK

Exception: Your appeal will not be treated as abandoned if the underlying human rights or protection claim was certified by the Home Office as clearly unfounded. In this situation, you would not have had an in-country right of appeal anyway, so leaving the UK does not affect your (out-of-country) appeal rights.

Consequences of Leaving the UK

If you have section 3C leave and you leave the UK, your section 3C leave will also end immediately. This means:

• You will be outside the UK without valid leave to return
• You will need to apply for entry clearance if you wish to return
• Your previous refusal will form part of your immigration history and must be declared in any new application

Entering the UK During an Out-of-Country Appeal

If you have appealed against a refusal of entry clearance from outside the UK, there is nothing in law that prevents you from continuing your appeal from within the UK. This can be relevant if, for example:

• You wish to attend your appeal hearing in person to give evidence
• You have other valid reasons to travel to the UK while your appeal is ongoing

To enter the UK during a pending out-of-country appeal, you would need to:

• Apply for a visit visa (if you are a visa national), OR
• Apply for leave to enter as a visitor at the UK border (if you are a non-visa national)

Important Considerations:

• You must declare your previous refusal and pending appeal in any visit visa application
• The Home Office or Border Force officer will need to be satisfied that you are a genuine visitor and will leave at the end of your visit
• There is no guarantee that a visit visa will be granted, particularly if your pending appeal relates to settlement or family reunion

Our immigration solicitors can advise on the risks and merits of applying for a visit visa while you have a pending appeal.

What Happens After Your Immigration Appeal Decision?

Receiving the Immigration Judge’s Determination

After your immigration appeal hearing, the Immigration Judge will issue a written determination. This is a formal legal document that:

• Sets out the facts of your case
• Records the evidence given at the hearing
• Applies the relevant law to the facts
• Explains the Judge’s decision and reasoning
• States whether your appeal is allowed or dismissed

Timeframe: You will not usually receive the decision on the day of your appeal hearing. Immigration Judges typically take 3 to 4 weeks to prepare and issue their written determination, although this can vary depending on the complexity of your case.

If Your Appeal is Allowed

If the Immigration Judge allows your appeal, the Tribunal will send a copy of the decision to both you and the Home Office. Following an allowed appeal:

Home Office Options:

• Accept the Decision and Grant Leave:
  • If the Home Office does not appeal, they must implement the Immigration Judge’s decision
  • They will reverse their original refusal
  • They will issue you with the appropriate immigration status document (biometric residence permit, entry clearance vignette, etc.)
  • This typically takes 4 to 8 weeks after the appeal is determined
• Apply for Permission to Appeal to the Upper Tribunal:
  • The Home Office has the right to challenge the Immigration Judge’s decision by applying for permission to appeal to the Upper Tribunal (Immigration and Asylum Chamber)
  • They must apply within 14 days of receiving the determination
  • They must identify an error of law in the Immigration Judge’s decision
  • If permission is granted, your case will be reheard by the Upper Tribunal
  • If permission is refused or the Upper Tribunal dismisses the Home Office’s appeal, the Home Office must then grant you leave

What You Should Do:

• Wait for confirmation from the Home Office about next steps
• If the Home Office does not respond within a reasonable time (8-12 weeks), your solicitor can chase them
• Do not make travel arrangements until you have received your immigration status document
• If you have section 3C leave, this will continue until the appeal process is finally concluded

If Your Appeal is Dismissed

If the Immigration Judge dismisses your appeal, you receive an unfavourable determination. At this point, you have several options:

1. Apply for Permission to Appeal to the Upper Tribunal:

You can challenge the First-tier Tribunal’s decision by applying for permission to appeal to the Upper Tribunal on the grounds that the Immigration Judge made an error of law. Errors of law can include:

• Misapplying legal principles or Immigration Rules
• Failing to consider relevant evidence
• Making findings that no reasonable Judge could have reached
• Failing to give adequate reasons for the decision
• Procedural unfairness

Time Limit: You must apply for permission to appeal within 14 days of receiving the written determination if you are in the UK, or 28 days if you are outside the UK (calculated from the date the determination was sent).

Two-Stage Process:

• First, you apply to the First-tier Tribunal for permission to appeal
• If the First-tier Tribunal refuses permission, you can renew your application to the Upper Tribunal
• If permission is granted, the Upper Tribunal will hear your appeal against the First-tier Tribunal’s decision

Your immigration barrister will review the Immigration Judge’s determination and advise you on:

• Whether there are arguable errors of law
• The merits of an appeal to the Upper Tribunal
• The prospects of success

2. Make a Fresh Application:

Depending on your circumstances, it may be possible and appropriate to make a fresh application to the Home Office rather than (or in addition to) appealing to the Upper Tribunal. This might be advisable where:

• The Immigration Judge identified specific deficiencies in your evidence that can now be addressed
• Your circumstances have changed since the original application
• New evidence has become available
• You have extant leave or section 3C leave that allows you to make a further application

Important: If your leave has been extended by section 3C, Home Office guidance permits you to make a further protection or human rights claim even though you would not normally be able to make an application while section 3C leave is in effect.

3. Leave the UK:

If you do not have leave to remain and your appeal has been dismissed, the Home Office may expect you to leave the United Kingdom. If you do not leave voluntarily, you may:

• Be subject to removal directions
• Face detention
• Be prevented from re-entering the UK for a period (re-entry ban)

Before deciding on this option, you should seek expert immigration advice on whether there are any other legal avenues available.

How to Speed Up Your Immigration Appeal

Given the significant processing times for First-tier Tribunal immigration appeals, many appellants wish to know how to expedite their case.

Working with an Experienced Immigration Solicitor

The single most effective way to ensure the fastest possible resolution of your appeal is to instruct a specialist immigration appeal solicitor from the outset. An experienced solicitor will:

Ensure Your Appeal is Properly Founded:

• Only lodge appeals where you have genuine grounds and a right of appeal
• Avoid wasted time and costs on unmeritorious appeals

Meet All Deadlines:

• Lodge your notice of appeal within the strict 14 or 28-day deadline
• Respond promptly to Tribunal directions
• Submit your Appeal Skeleton Argument and evidence bundle early

Provide Complete and High-Quality Evidence:

• Gather all necessary documents and evidence before submission
• Ensure witness statements are detailed and address all relevant issues
• Obtain expert reports where needed (medical evidence, country expert reports, etc.)
• Ensure all foreign language documents are properly translated and certified

Draft a Persuasive Appeal Skeleton Argument:

• Clearly identify the legal and factual errors in the Home Office decision
• Cite relevant case law and legal principles
• Present arguments in a logical and compelling manner
• Increase the likelihood of the Home Office conceding the appeal during their review

Respond to Queries Promptly:

• Address any questions or concerns raised by the Tribunal
• Provide additional evidence if requested
• Ensure there are no gaps in your case that could cause delays

At Deluxe Law Chambers, our immigration appeal solicitors have a track record of securing Home Office concessions before hearings, significantly reducing overall waiting times for our clients.

Applying for an Expedited Hearing

In certain circumstances, the Immigration Tribunal may agree to expedite your appeal hearing if you can demonstrate compelling or compassionate grounds for urgency. Situations that may justify an expedited hearing include:

Serious Medical Conditions:

• You or a family member has a life-threatening or serious medical condition requiring urgent treatment
• Separation from family is causing severe psychological harm
• Medical evidence from a qualified professional supports the urgency

Risk of Destitution:

• You are at risk of homelessness
• You have no access to financial support or public funds
• You have dependent children at risk

Safeguarding Concerns:

• There are child protection concerns
• Vulnerable individuals are at risk

Exceptional Compassionate Circumstances:

• Bereavement or family emergency
• Other circumstances causing significant hardship

How to Apply:

To request an expedited hearing:

• Submit a formal application to the Tribunal explaining the grounds for urgency
• Provide detailed supporting evidence (medical reports, local authority assessments, social services letters, etc.)
• Explain why your case cannot wait for the standard listing timescale

A designated Immigration Judge will review your application and decide whether to grant an expedited hearing. There is no guarantee of success, and the threshold for expedition is high.

Your immigration solicitor can prepare a compelling expedited hearing application, maximising your chances of success.

What NOT to Do

Do Not Chase the Tribunal Excessively:

• Frequent calls and emails to the Tribunal will not speed up your case and may be viewed negatively
• The Tribunal processes cases in order according to their listing priorities

Do Not Submit Incomplete Appeals:

• Submitting your appeal quickly but without proper preparation will likely lead to delays later
• Missing evidence will need to be added later, potentially causing adjournments

Do Not Miss Deadlines:

• Late submissions of evidence or responses to directions can cause your hearing to be postponed

Frequently Asked Questions (FAQs)

Why Clients Choose Deluxe Law Chambers?

With offices in Manchester and London, Deluxe Law Chambers provides expert legal advice for all UK visa and immigration matters. Our experienced immigration lawyers are committed to making the visa process clear, efficient, and stress-free from start to finish.

• Our team has over 11 years of practical experience of working in UK immigration law firms and stays fully up to date with the latest Home Office rules and guidance, ensuring accurate and reliable legal advice.
• Every immigration case is different. Our immigration solicitors take the time to understand your circumstances and provide tailored legal solutions that meet your specific needs.
• Where eligible, we offer Priority and Super Priority UK visa services to help you obtain faster immigration decisions.
• We offer flexible video, telephone, and in-person appointments from our Manchester office, assisting clients across the UK and overseas.
• Our immigration lawyers are available seven days a week, including weekends, for urgent and time-sensitive immigration matters.
• We provide clear fixed-fee pricing, with instalment options available and no hidden costs.

At Deluxe Law Chambers, our SRA-regulated immigration solicitors are committed to delivering professional, honest, and results-driven UK immigration advice you can trust.

Advice For Your Immigration Appeal At First Tier Tribunal