How To Appeal A UK Visa Refusal To The First-tier Tribunal

• Published date: 07 October 2022
• Subject Matter: Government, Public Sector, Immigration, Human Rights, General Immigration, Work Visas
• Law Firm: Richmond Chambers Immigration Barristers
• Author: Richmond Chambers Immigration Barristers

If your UK visa or immigration application has been refused, our immigration appeal lawyers can advise you on the merits of appealing to the First-tier Tribunal (Immigration and Asylum Chamber), prepare your immigration appeal and represent you at your immigration appeal hearing.

What is the First-tier Tribunal (Immigration and Asylum Chamber)?

The First-tier Tribunal (Immigration and Asylum Chamber), also known as the First-tier Immigration Tribunal, is the first level of court responsible for determining appeals against decisions of the Home Office regarding entry clearance to the UK, permission to stay in the UK and deportation from the UK. The Immigration Tribunal is independent of the Home Office and has the power to overturn Home Office refusal decisions.

To discuss your immigration appeal with one of our immigration appeal barristers, contact our UK immigration appeal lawyers on 0203 617 9173 or complete our enquiry form below.

Right of Appeal to the First-tier Tribunal Against a UK Visa or Immigration Decision

Not all Home Office immigration decisions can be appealed. You will generally have a right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber) if the Home Office has decided to:

• Refuse your human rights claim or protection claim (also known as an 'asylum claim' or 'humanitarian protection') or revoke your protection status;
• Refuse you a residence document or deport you under the Immigration (European Economic Area) Regulations 2016 (where saving provisions apply);
• Revoke your British citizenship;
• Refuse or revoke your status, vary the length or condition of your stay, or deport you under the EU Settlement Scheme;
• Refuse or revoke your travel permit or family permit under the EU Settlement Scheme or restrict your rights to enter or leave the UK under those permits;
• Refuse or revoke your permit, or deport you if you are a frontier worker;
• Refuse or revoke your leave, or deport you if you are an S2 healthcare visitor.

If the Home Office has certified your asylum or human rights claim as 'clearly unfounded' then you will not have a right of appeal. However, you may be able to challenge the certification of your claim through a Judicial Review.

If you do not have a right to appeal because the decision you wish to challenge is not an appealable immigration decision, you may still be able to ask the Home Office for an Administrative Review. Only certain types of application carry a right of Administrative Review if refused.

It is sometimes possible to appeal, even where the Home Office asserts that you do not have a right to do so, but you will need to argue jurisdiction before the Tribunal. An example may include a returning resident visa where there are strong family ties.

If you are not sure whether your refusal decision includes a right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber), our immigration appeal lawyers in London can advise you.

What Is an Appealable Human Rights Claim?

In this section we look at when a person may appeal to the First-tier Tribunal (Immigration and Asylum Chamber) in relation to a human rights claim.

Applications Submitted From Within the UK

Certain immigration applications submitted from within the UK under the Immigration Rules are deemed to be human rights applications and have a right of appeal against refusal.

The following in-country applications under the Immigration Rules generally attract a right of appeal against a refusal decision:

• Long Residence applications;
• Appendix FM family member applications (this would include decisions to refuse to extend a spouse visa civil partner visa or unmarried partner visa);
• Part 8 family member applications;
• Private Life applications;
• Partner or child of a member of HM Forces applications.

Some applications for leave to remain outside the Immigration Rules may also be treated as a human right claim with a right of appeal against a refusal decision.

In this context, a human rights claim is defined as any claim made by a person that to remove them from or require them to leave the UK or to refuse them entry into the UK would be unlawful under section 6 of the Human Rights Act 1998.

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