Appeal an asylum support decision
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1. Overview
You can appeal to the First-tier Tribunal (Asylum Support) if:
- you鈥檝e applied for asylum support and been turned down
- you were claiming asylum support and it鈥檚 been stopped
The tribunal must receive your appeal within 3 days of you getting the letter about the decision - you may be able to carry on claiming asylum support (if you were already getting it) while you appeal.
The tribunal is independent of government. A judge will listen to both sides of the argument before making a decision.
Help you can get
You may want to get help and advice before you appeal.
Contact the for free advice and legal representation if you have an appeal at the First-tier Tribunal (Asylum Support).
You can contact , and for advice and support - they may be able to find another organisation near to you.
You can also get other legal advice, including from a lawyer.
2. Apply to the tribunal
Download and fill in a 鈥�notice of appeal鈥� form. You must include:
- why you鈥檙e appealing (your 鈥榞rounds of appeal鈥�)
- a copy of the decision you鈥檙e appealing against
- any documents that help support your appeal
- why your appeal is late (if it is)
- whether you鈥檇 like a 鈥榩aper鈥� or 鈥榦ral鈥� hearing
Paper hearings are based on documents only. If a judge decides that an oral hearing is required, it may be held by phone, video link or in person.
If a judge decides you have to go to an oral hearing in person, you鈥檒l need to travel to London. The Home Office will pay for you to get there (usually by train). You鈥檒l get free accommodation the night before if you have far to travel.
Send the form
Post, email or fax the notice of appeal form to HM Courts and Tribunals Service. The contact details are on the form.
Call the helpline if you have any questions about completing the form. The helpline cannot give you legal advice.
First-tier Tribunal (Asylum Support)
Telephone: 0800 681 6509
Monday to Friday, 9am to 5pm
Find out about call charges
3. After you send your appeal
You鈥檒l normally find out within a week of sending the form:
- whether the tribunal will consider your case
- whether the tribunal needs more information, for example if your appeal was late
You鈥檒l then be told when your hearing will take place, and whether it鈥檚 paper or oral.
If you have an oral hearing, you鈥檒l be told a few days before the hearing what documents to bring with you - or to send by post in advance. The letter will also tell you if the tribunal wants to call up any witnesses - you must contact them and make sure they appear at the hearing.
You鈥檒l usually get the decision at the hearing.
If you need to send more information
If the tribunal asks you to send more information before the hearing, you may need to discuss this with a casework team.
Contact the Section 95 casework team if you鈥檙e an asylum seeker.
Section 95 Casework Team
[email protected]
Fax: 0870 336 9624
Section 95 Team
1st Floor, Waterside Court
Kirkstall Road
Leeds
LS4 2QB
Contact the Section 4 casework team if you鈥檝e been refused asylum.
Section 4 Casework Team
[email protected]
Fax: 0870 336 9485
Section 4 National Team
1st Floor, Waterside Court
Kirkstall Road
Leeds
LS4 2QB
4. What happens at the hearing
What happens at the hearing depends on whether you have a paper or oral hearing.
Paper hearing
You will not go to a paper hearing. A judge will make a decision based on:
- your notice of appeal form
- your documents
- documents provided by the Home Office
Oral hearing
Oral hearings may be held in person or via phone or video link.
If you or your witness or representative is outside the UK and wants to give live video or audio evidence, contact the tribunal to request it. Tell the tribunal what country you, the witness or representative is in and what type of evidence is being given. You must do this as soon as possible.
You鈥檒l present your case to the judge - someone else can do this for you, for example , friend or family member. The Home Office will present the case against you.
The tribunal will provide you with an interpreter if you鈥檝e asked for one. They can translate what happens during the tribunal but they cannot represent you or give you legal advice.
You may be asked questions by:
- your legal representative (if you have one)
- the Home Office鈥檚 representative
- the judge
The hearing is public. Family and friends can attend. If the hearing is in person, they鈥檒l have to pay their own travel costs unless they are witnesses.
Children can only attend if you cannot make childcare arrangements. They can either:
- wait in the waiting room with your family or friends
- be with you during the hearing
5. Get a decision
You鈥檒l get the decision either:
- at the oral hearing (if you have one) - you鈥檒l also get full written reasons within 3 days
- by post the day after the paper hearing
The judge will either:
- allow the appeal - this means you鈥檒l either get asylum support, or carry on getting it
- turn down (鈥榙ismiss鈥�) your appeal
- ask the Home Office to look at the decision again (known as 鈥榬emitting鈥� the appeal)
The judge鈥檚 decision is final - you cannot appeal again.
You may be able to get a judicial review of the decision if your appeal was turned down and you think the judge did not follow the law correctly. as soon as possible.
You cannot complain about the decision - you can only complain about the tribunal staff and the way the hearing took place.
6. Legislation and previous decisions
Read the rules the tribunal must follow and its decisions on previous cases.
Previous decisions
Search the decisions database to see how and why previous decisions have been made.
Legislation
The tribunal will make a decision based on:
The tribunal must follow the rules and process in the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 and .
Failed asylum seekers
The tribunal will make a decision based on:
If asylum support was stopped while the application was being considered
The tribunal will make a decision based on: