Specialist legal advice and representation for immigration and asylum appeals, human rights refusals, protection claims, EU Settlement Scheme decisions and complex Home Office challenges before the First-tier Tribunal.
A Home Office refusal can have profound consequences. It may separate families, prevent a person from remaining in the United Kingdom, affect established private and family life, or result in the refusal of an asylum or protection claim.
However, certain Home Office decisions carry a statutory right of appeal to an independent tribunal.
The First-tier Tribunal (Immigration and Asylum Chamber) is independent of the Home Office. A Tribunal Judge considers the evidence, the applicable law and the arguments advanced by both sides before deciding whether the appeal should be allowed or dismissed.
At Knights & Shah Solicitors, we represent individuals and families challenging Home Office immigration decisions. We can advise from the moment a refusal is received through preparation of the appeal, evidence and witness statements, Tribunal proceedings and, where necessary, consideration of an onward appeal.
An immigration appeal should not simply repeat the original application.
The objective is to identify why the Home Office decision is wrong, what issues the Tribunal must determine and what evidence is required to establish the case.
An immigration appeal is a formal legal challenge to an appealable Home Office decision.
It is fundamentally different from asking the same Home Office caseworker to reconsider an application.
Where an appeal right exists, the case is considered by the First-tier Tribunal (Immigration and Asylum Chamber).
The Tribunal is independent of government.
The appellant can put forward legal arguments and supporting evidence, and depending upon the case may give oral evidence and call witnesses.
The Home Office is the respondent to the appeal and may defend its decision.
The Tribunal Judge ultimately determines whether the appeal should be allowed or dismissed.
Not every UK visa refusal carries a right of appeal.
This is an important distinction.
Under section 82 of the Nationality, Immigration and Asylum Act 2002, the principal appeal rights under the current statutory framework arise where the Home Office decides to:
There are also appeal rights arising under specific regimes. Current HMCTS guidance includes certain decisions concerning:
Your Home Office decision letter should normally tell you whether you have a right of appeal.
Where no appeal right exists, another remedy such as Administrative Review, a fresh application or, in appropriate circumstances, Judicial Review may need to be considered.
Human rights claims account for an important part of immigration appeals.
A refusal may engage the European Convention on Human Rights (ECHR), particularly Article 8 and the right to respect for private and family life.
Human rights appeals can arise in cases involving:
These cases are fact-sensitive.
It is rarely sufficient simply to say that separation would be difficult.
A properly prepared appeal should identify the relevant legal test and provide evidence addressing the circumstances of the appellant and affected family members.
Where children are involved, their individual circumstances and best interests may require detailed consideration.
Where the Home Office refuses a protection claim, the applicant may have a statutory right of appeal.
A protection claim includes claims based upon the UK’s obligations under the Refugee Convention and claims involving eligibility for humanitarian protection because removal would expose the person to a risk of serious harm.
Protection appeals can involve complex questions concerning:
The Home Office may accept some parts of an applicant’s account while rejecting others.
The refusal letter therefore needs to be analysed carefully to identify what is actually disputed.
Evidence may include witness statements, medical evidence, expert reports and reliable country material depending upon the circumstances.
Appeal rights can also arise from decisions made under the EU Settlement Scheme (EUSS).
Current HMCTS guidance identifies appeal rights relating to decisions to refuse or revoke status, vary the length or conditions of stay, deport someone under the EUSS, and certain decisions concerning EUSS family or travel permits.
Disputes may involve:
EUSS cases can also have particular procedural routes following Administrative Review. Current HMCTS guidance confirms that certain applicants can appeal after an unsuccessful Administrative Review.
The appropriate procedure should therefore be checked against the particular decision.
Immigration appeal deadlines are short.
Under current HMCTS guidance:
You will generally have 14 days from the date you received the decision letter to submit your appeal.
You will generally have 28 days from the date you received the decision letter.
Where the decision requires a person to leave the UK before appealing, HMCTS states that the person has 28 days from the date they leave the UK to submit the appeal.
If an appeal is lodged late, an explanation must be provided and the Tribunal will decide whether the appeal can nevertheless proceed.
A refusal letter should therefore be reviewed promptly.
Legal representatives generally submit immigration appeals online using MyHMCTS.
Individuals representing themselves can usually appeal online, although different procedures apply in some circumstances, including for people detained in an immigration removal centre or prison.
An appeal needs to identify the decision being challenged and the basis upon which the challenge is brought.
This is the beginning of the litigation process—not the end of the preparation.
After the appeal has been lodged, the case will progress through the Tribunal’s procedural stages and the parties may be required to provide documents, evidence and legal submissions in accordance with Tribunal directions.
The quality of preparation can be critical.
A properly prepared immigration appeal should begin with a detailed analysis of the Home Office refusal.
We would normally examine:
What was the Home Office asked to decide?
What material was actually before the decision-maker?
Which facts and legal requirements does the Home Office dispute?
Has the correct legal test been applied?
What evidence can properly address the issues in dispute?
Who needs to give evidence and what matters can they establish?
How does the evidence satisfy the relevant statutory, Immigration Rules or human-rights framework?
This approach produces a focused appeal rather than an unnecessarily large collection of documents.
The evidence required depends entirely upon the issues in the case.
It may include:
More evidence does not automatically mean a stronger appeal.
The important question is whether the evidence helps establish a fact that matters legally.
Witness statements can be central to immigration appeals.
A good witness statement should do more than repeat what appears in the application form.
It should provide clear evidence addressing the matters the Home Office disputes.
For example, in a family-life appeal, the evidence may need to explain:
In an asylum appeal, a statement may need to address credibility findings individually and explain alleged inconsistencies.
The evidence should remain the witness’s own account. Its purpose is clarity and completeness, not artificial legal language.
Where an oral hearing takes place, the appellant and relevant witnesses may be required to give evidence.
The appellant’s legal representative can present the case.
A Home Office Presenting Officer may appear for the Secretary of State and challenge the appeal.
Witnesses may be questioned about their statements and evidence.
The Tribunal Judge considers the documentary evidence, oral testimony and legal submissions before reaching a decision.
HMCTS also allows appellants to request a decision based on the papers rather than an oral hearing.
Which approach is appropriate depends upon the case.
Where credibility, disputed facts or important personal circumstances are central, the strategic value of oral evidence should be considered carefully.
Tribunal fees changed in July 2026.
As at August 2026, the First-tier Tribunal immigration appeal fees are:
| Type of appeal | Tribunal fee |
|---|---|
| Appeal determined without a hearing | £82 |
| Appeal determined at a hearing | £144 |
These replaced the previous £80 and £140 fees.
Not every appellant is required to pay the full fee.
Exemptions or help with fees may be available in qualifying circumstances. Current HMCTS guidance on fee assistance was updated on 13 July 2026.
Professional legal fees are separate from the Tribunal fee.
Yes.
An appellant can ask the Tribunal to have the appeal heard urgently, known as an expedited appeal.
Current HMCTS guidance confirms that an expedite request can be made at any point during the appeal process.
There is no separate fee for asking for expedition, although any applicable appeal fee must have been paid before the request will be reviewed.
The request should explain why urgency is necessary and provide evidence of compelling or compassionate grounds. A Tribunal Judge decides whether the case should be expedited.
Examples might include serious medical circumstances or another situation where ordinary delay would cause substantial prejudice.
An urgent request should be supported by evidence rather than simply stating that the matter is important.
If the First-tier Tribunal allows the appeal, this does not always mean that immigration permission is granted immediately.
Current HMCTS guidance explains that an allowed appeal may require the Home Office to revise or reconsider its decision. If circumstances have changed since the appeal began, the Home Office may need to reconsider the application more widely.
The Tribunal may also make a fee award of up to the amount of the Tribunal fee in appropriate circumstances.
HMCTS states that the written Tribunal decision will usually be provided within approximately four weeks of the hearing, although actual times can vary.
A dismissed First-tier Tribunal appeal is not necessarily the final stage.
If there is an arguable error of law in the Tribunal’s decision, it may be possible to seek permission to appeal to the Upper Tribunal (Immigration and Asylum Chamber).
This is not an opportunity simply to ask another judge to reconsider the entire case because you disagree with the result.
There must be an arguable legal error.
Current HMCTS guidance gives examples including where the First-tier Tribunal:
Permission to appeal must normally be sought first.
The Upper Tribunal examines whether the First-tier Tribunal made a material legal error.
Where the Upper Tribunal finds such an error, it can potentially set aside the decision and remake it, or require the First-tier Tribunal to hear the case again.
There are strict deadlines for seeking permission.
For example, current HMCTS guidance states that where a person is inside the UK, an application to the First-tier Tribunal for permission to appeal generally needs to be made within 14 days after the date on the written reasons for the decision.
Different deadlines can apply depending upon where the person is and the procedural stage.
An unsuccessful Tribunal decision should therefore be reviewed quickly.
An immigration appeal and Administrative Review are not interchangeable.
An appeal is available only where legislation provides a statutory appeal right.
Administrative Review applies to certain eligible Home Office decisions and focuses on whether the Home Office made a qualifying caseworking error.
Current HMCTS guidance specifically tells applicants that where they do not have an appeal right, their decision letter will usually indicate whether Administrative Review is available.
The refusal decision should therefore be checked before choosing a procedure.
Using the wrong remedy can waste valuable time and may create further immigration difficulties.
Another strategic question is whether it is better to appeal or submit a fresh application.
There is no universal answer.
A fresh application may sometimes be more efficient where a straightforward eligibility or evidential defect can now be corrected.
An appeal may be more appropriate where:
The client’s immigration status, appeal rights, objectives and urgency all need to be considered.
An appeal can be weakened by poor preparation even where the underlying case has merit.
Common problems include:
The strongest appeal is generally one where the legal issues and evidence are connected clearly.
At Knights & Shah Solicitors, we represent clients in immigration and asylum appeals involving complex Home Office decisions.
We can assist with:
Our approach is to identify the decisive issues early and build the appeal around the law, the Home Office’s reasons for refusal and the evidence required to answer those reasons.
If you require advice contact Knights & Shah Solicitors.
We provide clear, solicitor led advice, strategic case planning and robust court representation to protect our clients.
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