This guide is here to help you understand the appeal process and what you can do next.

What is an asylum appeal?

When the Home Office refuses an asylum claim, many people have the right to appeal that decision in a court called the Immigration and Asylum Tribunal (First-tier Tribunal). This means your case will be looked at again by an independent Immigration Judge, who will decide whether the Home Office was wrong to refuse your claim.

What happens after you submit your appeal?

Once you have submitted your appeal, it’s important to start preparing your case immediately, especially if you don’t yet have a lawyer. The appeal process will normally be:

  1. After you submit the appeal, the Home Office will have 14 days to submit their evidence

  2. After this, the Tribunal will tell you the deadline to submit your evidence. Usually, you should have 28 days from when the Home Office has submitted their evidence. Your evidence should be reviewed by a lawyer before it is submitted

  3. Once you have submitted your evidence, the Home Office will have 7-14 days to review your case. It is rare that the Home Office changes their mind at this stage

  4. After the Home Office’s review (also called ‘the Respondent’s Review’) the Tribunal will give you a date for your final appeal hearing;

  5. At any point during the appeals process, the Tribunal might also organise a ‘case management hearing’ or ‘interim hearing’ to discuss legal or administrative parts of your case, but this is not a final appeal hearing.

Can you submit more evidence?

Yes, as part of the appeals process, you will have the chance to submit more evidence in support of your asylum case. This might include:

  • Evidence of your sexual orientation, gender identity, or intersex characteristics

  • Supporting statements or letters from people who support your claim

  • Expert reports, if relevant to your case

Your evidence must help you explain why you think the Home Office was wrong and help you prove important parts of your story. Here is a helpful guide on the type of evidence you may be able to provide in support of your case.

You should also write a detailed appeal statement, which explains your case and outlines why you do not agree with the Home Office’s decision. Your testimony is important evidence. You should not submit your statement or evidence until it has been reviewed by a lawyer.

How are appeals decided and how long does it take?

Appeals are decided by an Immigration Judge after a full hearing. Here’s what to expect:

  • You should normally have a lawyer present.

  • The Home Office will also be represented.

  • Hearings usually take place in person at a Tribunal Hearing Centre, although some may happen online.

  • If you have mental health issues, accessibility needs, or other vulnerabilities, there may be special procedures put in place. Your lawyer will need to request this in advance.

  • An interpreter will be present if you have asked for one.

On the day of your appeal hearing, you will have to ‘give evidence’ to the Tribunal, which means your lawyer, the Home Office representative and the Immigration Judge may ask you questions about your case. If you have any other witnesses, they may also be questioned.

After this, your lawyer and the Home Office representative will make legal arguments to the Immigration Judge. They may also be asked questions about the law or evidence.

When the appeal hearing is finished, usually the Immigration Judge will not make a decision on the same day. They will read all the paperwork, think about what was said at the hearing, and make a decision in writing, which will be sent directly to your lawyer (or you if you do not have a lawyer at the hearing).

The entire process, from submitting your appeal to attending your hearing, can take 6 to 12 months, or longer if your case is complex or requires expert input. Due to the high number of cases, there can be delays.

Possible outcomes of an appeal

After your appeal, there are several possible outcomes:

  • ✅ Appeal accepted: If the Judge accepts your asylum appeal, the Home Office must grant you refugee status. This may take some time, so stay in touch with your lawyer.

  • 🟡 If the Immigration Judge does not accept your asylum case, but accepts your case on humanitarian protection or human rights grounds, then you should speak to a lawyer about whether you are happy with the outcome or want to consider a further challenge.

  • ❌ Appeal refused: If the Judge rejects your whole appeal, you’ll need legal advice to see whether you can challenge the decision in the higher court (Upper Tribunal). You only have 14 days from the date you received the Immigration Judge’s decision to request a further appeal, and only if there’s a legal error in the decision.

If your case cannot go any further, because a lawyer has told you this or because the Tribunal has said you cannot appeal the Immigration Judge’s decision, then you will become ‘Appeal Rights Exhausted’.

The only option at this stage would be to consider if you can make a ‘fresh claim’. We can advise you on this further if you reach this point and do not have a lawyer.

Can you contact Rainbow Migration for further advice?

If you don’t have a lawyer or any upcoming deadlines, your focus should be on gathering evidence and finding legal representation.

For now, if you do not have any deadlines or a hearing date, focus on collecting your evidence and finding legal representation. You can also read more about the appeals process.

If you have a hearing date in your case and you do not have a lawyer, please contact us immediately so we can advise you on how to ask for an extension of time or for your hearing date to be changed to a later day (called an ‘adjournment application’).

Finding a Lawyer

We recommend seeking legal representation for any appeal or challenge to the Home Office’s decision.

Tips for finding a lawyer:

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:

  • 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

  • Your country of origin and why it’s unsafe for you to return

  • What stage in the process you are at (e.g. received a refusal letter)

  • If you have collected some evidence already and what this evidence is

  • Whether there are urgent deadlines in your asylum case

  • 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: