Under the current system, most asylum seekers will have some right of appeal. However, all are subject to limitations, depending on the nature of their application, the process under which it has been determined and the decision they are appealing against. All asylum and immigration appeals are heard by the Asylum and Immigration Tribunal (AIT).
Appeal structure
Anyone wanting to appeal against a negative asylum decision must have a written notice of the decision from the Home Office, which sets out what the decision means and what the appeal rights are. The asylum appeal process currently consists of the following stages:
Lodge the appeal using an AIT form
Applicants refused asylum should be given an appeal form with their UK Border Agency (UKBA) decision letter and guidelines on how to complete it. The form can also be obtained from the AIT website. Appellants should state clearly on the form why they disagree with the UKBA decision. The form also asks for any additional reasons why they should stay in the UK. This is where they must mention any reasons that they have not yet raised with the UKBA. If they don’t raise these now, the authorities are unlikely to consider them later on in the process.
For appeals lodged while still in the UK (called ‘in-country appeals’), the appellant must complete the form in full and send it to the AIT within ten working days of the date on the refusal decision letter. They must include the UKBA decision letter with the appeal. Appellants whose cases are certified and appeal from outside the UK have 28 days to submit their notice of appeal to the AIT.
Completed appeal forms, together with the supporting documents, should be sent to:
Asylum and Immigration Tribunal
PO Box 7866
Loughborough
LE11 2XZ
Fax: 01509 221699
Note: the AIT does not accept appeal forms or supporting documents by email.
People in detention must submit their notice of appeal to their custody officer within five days of being served their UKBA decision notice. If they are in one of the fast track detention centres, they have to submit their appeal within two days of the decision notice being served on them. If you have any queries after having lodged your appeal, contact the AIT here:
Asylum and Immigration Tribunal
PO Box 6987
Leicester
LE1 6ZX
Tel : 0845 6000 877
Fax : 0116 249 4130
Customer.service@tribunals.gsi.gov.uk
At the full hearing, the appellant is cross-examined by a representative from the Home Office, the presenting officer, and may also be questioned by the judge/s. Appellants can also call witnesses to support their appeal. Both the presenting officer and the appellant’s legal representative make submissions as to whether the judge should allow or dismiss the appeal.
Appeals before the AIT should focus only on points of law – if there has been an error in the process, for example. Differences of opinion on the applicant’s credibility should not be considered.
AIT hears the appeal and decides whether to allow or dismiss it
Once the AIT receives the appeal form and decides the appeal is valid, it sends out case details and instructions on how the appeal is to proceed. For most in-country asylum appeals a case management review hearing is held to establish the issue the appeal raises and to resolve any administrative or logistical issues prior to the full hearing.
In some complex cases, the AIT has the power to order a hearing by a panel of three immigration judges rather than a single judge. If this panel dismisses an appeal, the appellant can appeal directly to the Court of Appeal.
AIT dismisses appeal and appellant applies for reconsideration of this decision
If one or two AIT judges dismiss the appeal, the appellant can apply to the AIT to review the dismissal decision. If the AIT refuses to order reconsideration, the appellant can apply to the High Court to have the AIT’s decision reviewed.
The High Court will consider the case on paper only to decide:
- either to ask the AIT to reconsider its first decision on the case
- or to reject the reconsideration request – if it does, that is the end of the matter
- or pass the appeal on the Court of Appeal if the cases raises significant points of law
If three judges dismiss the first appeal, the appellant can apply for permission to appeal to the Court of Appeal directly. For this to happen, the case has to raise very important points of law. The Court of Appeal has clarified that an error of law can also include an error of fact but it must be shown to affect the outcome of the AIT’s decision. Appellants must apply for a review (or reconsideration) within five days of the AIT decisions to dismiss the appeal (or within 28 days of appealing from outside the UK).
AIT reconsiders an original decision to dismiss an appeal
If the case is referred back to the AIT for reconsideration then the AIT decides if there has been an error of law then the AIT first reached its decision on the appeal case. If so, it will look again at the merits of the case.
This requires at least one reconsideration hearing. Decisions are issued in writing.
The Court of Appeal looks at the AIT’s reconsideration decision
If the AIT reconsiders the case, but decides there was no error in law, the appellant can apply for permission to appeal to the Court of Appeal. The Court of Appeal can send the appeal back to the AIT for reconsideration.
If there is a further refusal then an appeal against the AIT’s decision to the Court of Appeal is possible, and after that to the House of Lords, but only if the case raises crucial points of law that are of considerable public interest. Both the appellant and the Home Office can apply to appeal against a decision made at any stage in the appeal process.
Non-suspensive appeals
Asylum applicants whose applications for asylum or protection on human rights grounds are certified as ‘clearly unfounded’, can only appeal from outside the UK against a refusal of asylum. In other words, the authorities will not suspend or stop the removal process even though the person wants to appeal. This is called a non-suspensive appeal.
The appellant can apply for judicial review of the authorities’ decision to certify their claim. If successful, s/he then has an in-country right of appeal after the Home Office considers the claim in full and decides to refuse it. In other words, s/he can apply to appeal against the Home Office’s refusal decision while in the UK.
People wishing to submit a non-suspensive appeal can instruct a lawyer before their departure to submit the appeal. Appealing from abroad is difficult. Not many people are known to have appealed from abroad. Such appeals are usually dealt with on paper only.
