The UK’s immigration appeals system ensures that migrants have full access to court in challenging the Home Office’s immigration judgments in certain qualified areas. The appeals are heard by two tribunals: the First Tier Tribunal and the Upper Tribunal. The First Tier Tribunal examines appeals from Home Office rulings. The Upper Tribunal considers appeals from First Tier Tribunal judgements. If the appeal is successful, it will be decided by an Immigration judge or panel, and the judgement will be confirmed in writing.

The UK Government has significantly reduced appeal options for migrants seeking entrance clearance or permission to stay, namely those applying under the Points Based System (PBS), and has replaced them with the Administrative Review. The appeal rights under PBS have been eliminated, save in cases where the applicant’s human rights have been violated.

Appealable Decisions

Generally, the following immigration rulings are appealable.

Rejection of an application for protection, such as asylum or humanitarian protection
Revocation of protected status Refusal to pursue a claim for human rights
EU Nationals or their family members may have their status revoked or be deported under the EEA Regulations 2016
Citizenship Revocation in the United Kingdom
Deportation, refusal, change of status, or revocation of leave or other provisions of the EU Settlement Scheme
Refusal or revocation of an EU Settlement Scheme Family Permit or Travel Permit

When the Home Office makes an immigration decison, it will advise the applicant of their appeal options. The applicant must appeal to the First-tier Tribunal (Immigration and Asylum) within 14 calendar days after receiving the notification if they are in the United Kingdom, or within 28 calendar days if they have been denied entry clearance outside the United Kingdom. Appeals may be determined on paper or via an oral hearing; the latter is favoured since it allows the appellant to submit their argument directly to the judge.