Appeals and Reviews

Appeal

You can appeal to the First-tier Tribunal (Immigration and Asylum Chamber) if the Home Office has decided to:-

• refuse your protection claim (also known as ‘asylum claim’ or ‘humanitarian protection’)
• revoke your protection status
• refuse your human rights claim
• refuse you a residence document or deport you under the Immigration (European Economic Area) Regulations 2016
• revoke your British citizenship
• refuse or revoke your status, vary the length or condition of your stay, or deport you under the EU Settlement Scheme
• refuse or revoke your travel permit or family permit under the EU Settlement Scheme or restrict your rights to enter or leave the UK under those permits
• refuse or revoke your permit, or deport you if you’re a frontier worker
• refuse or revoke your leave, or deport you if you’re an S2 healthcare visitor

You can only appeal to the tribunal if you have the legal right to appeal – you’ll usually be told if you do in your decision letter.

If you’ve been refused a tier 1, 2, 4 or 5 visa you will be able to ask for the decision to be reviewed at an administrative review – your refusal letter will usually tell you if you can.

Administrative review

You’ll be told in your application refusal letter if you can ask for the decision on your visa application to be reviewed.  This is known as an ‘administrative review’.

If you’re outside the UK, you can only ask for an administrative review if all of the following apply:-

• you’re outside the UK
• you applied outside the UK
• your application was refused on or after 6 April 2015
• you do not have a right of appeal against the refusal
• you did not make an application as a short term student or a visitor (except if you applied as an S2 Healthcare Visitor)

If you’re in the UK, you can ask for your application to be reviewed if one of the following apply:-

• your application was refused
• your application was granted but you’re unhappy with the amount or conditions of your leave.

You may be able to appeal if you’re not eligible for an administrative review.

If your visa was cancelled at the border, you can ask for the decision to be reviewed if your visa was cancelled for one or more of the following reasons:-

• there has been a change in your circumstances
• you gave false information
• you failed to include relevant facts