Appeal to the First-Tier Tribunal

If the Home Office has refused your visa or immigration application, you may have the right to appeal to the First-tier Tribunal (Immigration and Asylum Chamber). Our immigration solicitors represent clients across the UK in challenging these decisions, offering detailed advice, case preparation, and legal representation in collaboration with experienced immigration barristers and advocates.

What Is the First-tier Tribunal?

The First-tier Tribunal (Immigration and Asylum Chamber) is the first level of court where immigration decisions by the Home Office are challenged. If your appeal is heard, the case will be considered by an independent Immigration Judge, who will decide whether the Home Office’s decision was lawful.

At the First-tier Tribunal hearing, there are usually three parties:

• The Appellant – the person bringing the appeal (represented by their legal representative)
• The Respondent – the Home Office (represented by the Home Office presenting officer)
• The Immigration Judge – the independent decision-maker

When Can You Appeal?

You may have a right of appeal to the First-tier Tribunal if the Home Office has:

• Refused your human rights or protection claim
• Refused your EU Settlement Scheme application
• Made a decision to deport or remove you
• Refused a family or private life application

You can only appeal if your refusal letter says that you have a right of appeal. Not all immigration refusals attract a full right of appeal.

What Happens at a First-tier Tribunal Hearing?

Once your appeal is lodged, the Tribunal will list your case for a hearing. You will receive a Notice of Hearing in advance.

On the day of the hearing:

• You (the appellant) will attend in person or remotely
• A Home Office Presenting Officer may attend to defend the refusal
• Your barrister or advocate will make legal submissions and may ask you questions to give evidence
• The judge may ask questions to clarify the facts
• Your legal representative will respond to any points raised by the Home Office

Hearings are usually completed in one day. The judge may give an oral decision at the end of the hearing or issue a written decision within a few weeks.

If your appeal is allowed, the Home Office can appeal that decision within 14 days. If the Home Office does not appeal, they must implement the judge’s decision, for example, by granting you leave to remain.

If your appeal is dismissed, you may have grounds to appeal further to the Upper Tribunal, but only if there has been an error of law.