Duncan Lewis

Appeal to the Immigration and Asylum Tribunal when refused permission to enter or stay in the UK.

Date: (25 April 2013)    |    

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The tribunal deals with a range of cases such as asylum, entry clearance and leave to remain. One can also appeal against a decision to deport someone from the UK.

When your leave to remain in the UK is refused then you can appeal but within a limitation period. The limitation depends upon the place you are currently lodged. If you are in detention in a immigration center then appeal has to be lodged in 5 working days if you are not in detention – 10 working days and if you are staying outside the UK then 28 days.
The hearing will be held without you if you live outside the UK, but you can ask someone to represent you.
In case you miss the deadline your appeal may not be accepted and an explanation has to be given for the delay in filing the appeal.
Copies of any documents which support your appeal has to be sent to the first tier immigration appeals tribunal along with a fee to appeal to the tribunal if you wish to get your appeal decided using paperwork the fee is £80 and if you want it to be decided in a hearing then the fee would be £140.
Your legal adviser should tell you if you don’t have to pay for your type of case.
You may not have to pay a fee if you’re getting:
• asylum support
• legal aid
• services from your local council and you’re under 18
If you haven’t asked for a hearing, a judge will make a decision based on the documents in the case. You will be sent a copy of the decision in the post. And if you ask for a hearing then you’ll get a letter with details of where to go. A letter with details of where to go will be sent to you.
The hearing will be attended by:
• a judge or judges, sometimes with other tribunal members
• your representative, if you have one
• a Home Office ‘presenting officer’
• any witnesses called to give evidence
• an interpreter, if you’ve asked for one
If required you may have to give evidence at the hearing and answer questions.
The tribunal will either decide to:
• allow your appeal - and let you enter or stay in the country
• dismiss your appeal - and uphold the Home Office’s original decision
You will usually get a copy of the tribunal’s decision within 10 working days of the hearing
In case you win the appeal the judge may order the Home Office to pay you an award which would commensurate the tribunal fee paid by you.
If you lose your case you can ask for permission to appeal against the decision which can be done by filling in the permission to appeal form. You have to mention why you think the decision was legally wrong or unreasonable.
For this further appeal again time limitation applies and you have to apply within 2 working days for appealing to the fast track court, 5 working days if you are inside UK or 28 days if you are outside the UK.
You can always seek legal advice for immigration and asylum problems through the Office of the Immigration Services Commissioner. All the details of advisers in your areas could be found at the commissioner’s office or you could find help in finding a legal representative.