Appeals to the First-tier Tribunal and Upper Tribunal
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Appeals to the First-tier Tribunal and Upper Tribunal
You may appeal to the First-tier Tribunal (FTT) if:
- Your visa/immigration application was refused
- You face deportation/removal from the UK
- Your asylum claim was rejected
- Your human rights claim (Article 8 ECHR) was denied
- Your citizenship application was refused
Appeal Process Timeline
1. Receive Refusal Letter:
- Check if appeal rights exist (usually 14 days to appeal)
- Note the exact deadline (often 14 calendar days after refusal notice)
2. Submit Appeal:
- Complete Form IAFT-5 (online or by post)
3. Case Preparation:
- Submit evidence bundle (within later specified deadline)
- Prepare witness statements
4. Hearing:
- Typically scheduled within 6-12 months
- Can be in-person, video or paper-based
5. Decision:
- Usually given orally at hearing
- Written reasons within 2 weeks
First-tier Tribunal vs Upper Tribunal
| Feature | First-tier Tribunal (FTT) | Upper Tribunal (UT) |
|---|---|---|
| Purpose | First appeal | Challenge FTT errors |
| Grounds | Merit-based appeal | Legal error only |
| Time Limit | 14 days (usually) | 14 days after FTT decision |
| Fee | £140 | £100 (application for permission) |
| Success Rate | ~40% (varies by case type) | ~25% of permission applications |
Key Appeal Strategies
1. Challenging the Decision
- Prove caseworker misapplied immigration rules
- Provide new evidence not previously considered
- Show decision breaches human rights (Article 3/8 ECHR)
2. Preparing Your Case
- Organize chronological bundle with indexed documents
- Include expert reports (medical, country experts)
- Submit witness statements (signed and dated)
3. At the Hearing
- Dress formally
- Arrive early
- Bring extra copies of documents
- Be prepared to answer questions directly
4. Possible Outcomes
- Allowed - Original decision overturned
- Dismissed - Original decision stands
- Remitted - Sent back to Home Office for reconsideration
5. Appealing to Upper Tribunal
- FTT made legal error (misinterpreted law)
- Procedural unfairness occurred
- Decision was irrational
At Nationwide Lawyers, our experienced immigration specialists are here to support you every step of the way. Whether you’re applying for a visa, facing a legal challenge, or need guidance tailored to your unique situation, we’re just a call or click away.
