We understand how difficult it can be to receive a refusal on your asylum claim. If you wish to appeal the Home Office’s decision, this guide will walk you through the next steps.
1. Lodging your appeal
If your asylum claim has been refused, you have 14 days from the date you received the decision letter to submit your appeal. It’s very important to meet this deadline, even if you don’t yet have a lawyer.
How to submit your appeal:
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Online: The easiest and quickest way to lodge your appeal is through the Immigration Tribunal’s online system. You can find step-by-step guidance here: Right to Remain Toolkit – Preparing Your Appeal.
We recommend reading the Action Section (highlighted in orange) and setting up your MyHMCTS account. -
By post: If you received your refusal letter by post and don’t have internet access, you can fill in the appeal form included with your letter and send it by mail.
Tribunal fees:
❗ If you are receiving Section 95 support, you are exempt from the £140 tribunal fee. Be sure to upload or include a copy of your S95 letter when submitting your appeal.
2. If you have no Right of appeal
In some cases, the Home Office may refuse your asylum claim and state that you have no right of appeal (also known as a certified decision). If this happens, you may still be able to challenge the decision but you’ll need legal advice to do so through a Judicial Review.
The deadline for a Judicial Review is three months from the date of the decision, so it’s crucial to act quickly. Please contact a public law solicitor from the list of lawyers below as soon as possible.
If you cannot find a lawyer and your deadline is approaching, please contact us for further guidance.
3. Finding a Lawyer
We recommend seeking legal representation for any appeal or challenge to the Home Office’s decision.
Tips for finding a lawyer:
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Keep trying to contact law firms regularly, as their capacity can change. Always make a note of their responses in case you need to show you’ve been trying to get legal help.
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Check our list:
– Find a lawyer – (mainly London-based) -
Search for legal aid lawyers in your area:
– Find a legal aid lawyer in your area
– Find a solicitor – The Law Society website -
Some legal aid providers may still be accepting new cases, so it’s worth contacting them.
If you can afford to pay for a private immigration lawyer:
Please make sure your lawyer is registered with the Immigration and Asylum Accreditation Scheme (IAAS) or the Solicitors Regulation Authority (SRA).
You can check their status here:
– IAAS register
– SRA register
If you have any concerns, please contact us.
What to include when contacting lawyers:
When you contact lawyers about taking your case, try to provide:
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The reasons why you have claimed or want to claim asylum – including if it is on the basis of your sexual orientation, gender identity and/or intersex characteristics
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Your country of origin and why it’s unsafe for you to return
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What stage in the process you are at (e.g. received a refusal letter)
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If you have collected some evidence already and what this evidence is
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Whether there are urgent deadlines in your asylum case
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Whether you are receiving housing or financial support from the Home Office and proof of this (e.g. a s.95 grant letter). This will help a lawyer assess whether you are eligible for legal aid (free representation).
Helpful resources on finding legal help:
Please note: Rainbow Migration cannot offer legal representation or carry out substantive work on your case, but we’re here to guide you and help you understand your options.