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You can appeal to the Upper Tribunal (Immigration and Asylum Chamber) if you think there鈥檚 a legal mistake with a decision made by the First-tier Tribunal (Immigration and Asylum Chamber).

The tribunal is independent of government and will listen to both sides of the argument before making a decision.

Help you can get

You can get legal advice (including from a solicitor), or help from a regulated immigration adviser.

You can also contact .

You may be able to get legal aid.

Read the guide on representing yourself if you鈥檙e not going to have a legal representative.

Contact the tribunal if you have any questions about your appeal. The tribunal can not give you legal advice.

You must be able to make a case for why the decision was legally wrong. For example, if the tribunal:

• did not apply the correct law or wrongly interpreted the law
• did not follow the correct procedures
• had no evidence or not enough evidence to support its decision

Ask for permission to appeal

You must ask the First-tier Tribunal (Immigration and Asylum Chamber) for permission to appeal to the Upper Tribunal.

You鈥檒l be given the form to ask permission from the First-tier Tribunal (Immigration and Asylum Chamber) when you get your decision. Send it with a copy of the decision to the address on the form.

Deadlines for asking the First-tier Tribunal for permission to appeal

You must ask for permission to appeal within a certain period of time of getting your decision. When you must appeal by depends on whether you鈥檙e inside or outside the UK.

	When you must appeal by
You鈥檙e inside the UK	14 days after the date on the written reasons for the decisions
You鈥檙e outside the UK	28 days after the date on the written reasons for the decisions

Fees

There is no fee to appeal to the tribunal.

If you鈥檙e refused permission to appeal

You can apply to the Upper Tribunal for permission to appeal if the First-tier Tribunal refuses, or only gives your permission to appeal on limited grounds.

Download and fill in the Upper Tribunal permission request form and send it with the appropriate documents to the address on the form.

You must also say whether you want a hearing or not.

If your case was heard at either the Yarl鈥檚 Wood or the Harmondsworth hearing centre as a Detained Immigration Appeal, send your application to the .

Deadlines for asking the Upper Tribunal for permission to appeal

How long you have depends on where you are and how you received your refusal letter from the First-tier Tribunal.

	When you must appeal by
You鈥檙e inside the UK	14 days after the date on the decision
You鈥檙e outside the UK	1 month after the date on the decision

Documents you must send with your application

Include copies of the following documents with your form:

• the decision by the First-tier Tribunal
• the 鈥榥otice of refusal of permission to appeal鈥� by the First-tier Tribunal or the 鈥榬efusal to admit the application for permission鈥�
• a statement clearly setting out your reasons for why you think the First-tier Tribunal made a mistake
• any other relevant documents that you sent to the First-tier Tribunal

You also need to include any written evidence that shows why you think the First-tier Tribunal made a legal mistake.

If your application is late, you must explain in writing why it is late. The tribunal will then decide if it can review your application.

Ask for a hearing

You can ask on your application for a decision to be made either:

• just on the information in your application
• at a hearing that you or your representative can go to

The tribunal can decide to have a hearing even if you do not ask for one. You鈥檒l be told if this is the case and invited to attend if you鈥檙e in the UK.

If they do not hold a hearing, a judge will decide your case based on your application.

Withdrawing your appeal

Only you or your representative can withdraw your appeal. Contact the tribunal in writing if you want to withdraw your appeal - include your appeal number. The tribunal will decide whether to give you permission to withdraw, or if the hearing will go ahead.

If your hearing is less than 7 days away, contact the hearing centre where your appeal is scheduled.

You or your representative will be told when and where your hearing will take place. You can on the day of your hearing to find out if anything has changed.

Bring copies of all the documents that you gave to the tribunal.

You can bring a friend to represent you - ask the judge at the beginning of the hearing if this is the case.

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.

Special requirements

Write to the Customer Enquiry Unit at least 2 weeks before your hearing if you need any special help, for example wheelchair access.

Private hearings or hearings by video

Hearings are usually carried out in public. If you have an important need (for example you think you鈥檒l be put in danger if you go to the hearing), you can ask:

• for
• for the tribunal to be private and not open to the public
• to attend the hearing by video link

Asking for a male or female judge

You can ask for a male or female judge if you think there are issues in your appeal that make it appropriate. The tribunal will decide if it can do this.

Make your request as soon as possible when your apply, and no later than 7 days before the hearing.

If you cannot attend the hearing

You must attend the hearing yourself if you鈥檙e in the UK. You can also bring a solicitor or regulated immigration adviser with you.

If you鈥檙e not in the UK, you can ask a solicitor, regulated immigration adviser or the person who supported your application (your 鈥榮ponsor鈥�) to attend the hearing in your place.

Your sponsor can not represent you at the hearing, they can only be:

• told the tribunal鈥檚 decision
• given information over the phone

You must write to the tribunal to tell them if your sponsor will be attending the hearing in your place. Include the case reference number of your appeal.

Children at the hearing

You can not take children into the hearing room with you. If you need to bring them to the tribunal, you鈥檒l need to bring someone to look after them.

If your appeal can not be resolved at the hearing

If your appeal is not held on its scheduled day for any reason (for example there is not a judge available) it鈥檒l be 鈥榓djourned鈥� and rescheduled for another day.

Your hearing may also be adjourned as 鈥榩art heard鈥� if there is not enough time to finish it, or it can not be resolved on the day, for example because more evidence is needed.

The tribunal will arrange another hearing with the same people present.

You鈥檒l normally get your decision in writing in 28 days.

If you win your appeal

If the Upper Tribunal decides that a mistake was made it can:

• overrule the decision and make its own judgement
• order the First-tier Tribunal to hear the case again

If you lose your appeal

You may be able to appeal to a higher court if you think there was a legal mistake made by the tribunal.

Ask for permission

You must write to the upper tribunal and ask for permission before you appeal. How long you have to do this depends on where you are and how you received your decision.

	Refusal letter by post	Refusal by email or delivered personally
You鈥檙e inside the UK	12 working days	10 working days
You鈥檙e outside the UK	38 days	10 days

Once you have permission, you should appeal to the relevant higher court:

You must do this within:

• 28 days of being given permission (England and Wales)
• 42 days of being given permission (Scotland)
• 21 days of being given permission (Northern Ireland)

If you鈥檙e refused permission

You can ask the relevant higher court for permission.

You must do this within:

• 28 days of being refused permission (England and Wales)
• 42 days of being refused permission (Scotland)
• 21 days of being refused permission (Northern Ireland)

Read the rules the tribunal must follow and its decisions on previous cases.

Legislation

The Upper Tribunal (Immigration and Asylum Chamber) must follow the rules and process in the The Tribunal Procedure (Upper Tribunal) Rules 2008.

The tribunal has issued additional guidance on certain issues:

The tribunal will make a decision based on legislation, including the:

• Immigration Rules

Previous decisions

You can search for .