Guidance on immigration and asylum paper appeals for legal professionals
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Guidance on how and when to make immigration and asylum appeals on
paper or using the immigration appeals online tool. From: HM Courts
& Tribunals Service Published 31 March 2021 Last updated 3
January 2023 — See all updates Contents When to apply by paper
Appeal from within the UK Appeal from outside the UK Fees and
payment Where to send your application Legislation...Request free trial
Guidance on how and when to make immigration and asylum appeals on paper or using the immigration appeals online tool. From: Published 31 March 2021 Last updated 3 January 2023 — See all updates Contents
When to apply by paper Apply using a paper form if your client is within the UK and any of the following apply:
You should also apply using a paper form if your client is outside the UK and their application was made before 6 April 2015. Post or fax the form to the address on the form. You can also use immigration appeals online to apply for paper applications. For everything else, you need to appeal online using MyHMCTS. You’ll need to create an account first if you do not have one. Learn how to make an immigration and asylum appeal using MyHMCTS. Appeal from within the UK You have 14 days to appeal from the date the decision was sent. If you apply after the deadline, you must explain why - the tribunal will decide if it can still hear the appeal. If your client is inside the UK use form IAFT-5 to appeal a decision where your client has been detained in prison (not an Immigration detention centre) and their decision letter was sent by the Home Office. If your client has been detained in an immigration detention centre and their decision letter was sent by the Home Office use form IAFT-DIA to appeal. Applications made before 6 April 2015 inside the UK You can only do this if your client’s application being refused means your client does not have permission (‘leave’) to enter or remain in the UK. If your client is inside the UK use form IAFT-1 to appeal a decision where your client:
If your client’s application for entry clearance was refused use form IAFT-2. Appeal from outside the UK You have 28 days to appeal from the date the decision was sent. If your client has to leave the country before they’re allowed to appeal, you have 28 days to appeal once they’ve left the country. If you apply after the deadline, you must explain why - the tribunal will decide if it can still hear the appeal. Applications made before 6 April 2015 outside the UK You can only do this if your client’s application being refused means your client does not have permission (‘leave’) to enter or remain in the UK. If your client is outside the UK use form IAFT-3 to appeal a decision where your client:
If your client’s application for entry clearance was refused use form IAFT-2. Fees and payment It costs:
Your client may also be eligible get help with court fees if any of the following apply:
Contact the tribunal if you’re not sure if they have to pay a fee.
First-tier Tribunal (Immigration and Asylum Chamber) Fees for appeals on paper can only be paid:
Where to send your application You should send your appeal form to:
By post:
By fax:
By email: Legislation Read the practice directions and practice statements for more guidance. |