ASYLUM APPEAL UK

Having your asylum claim refused can feel like the end, but it’s often just the beginning of the legal battle. At Cromwell Wilkes, our expert immigration lawyers help refused asylum seekers challenge Home Office decisions and fight for the protection they need. If you’re facing removal or have had your claim denied, we can act fast to prepare, file, and represent your case on appeal.

When the Home Office refuses an asylum claim, many people have the right to challenge that decision through an asylum appeal. This process takes place in the Immigration and Asylum Tribunal, also known as the First-tier Tribunal.

An asylum appeal means an independent immigration judge reviews your case. The judge will examine the facts, evidence, and reasons for refusal to decide whether the Home Office made the wrong decision. This gives you another opportunity to present your case and secure protection in the UK.

Yes, if you are:

• Refused asylum or humanitarian protection
• Had your refugee status revoked
• Refused on human rights grounds

You must appeal within 14 days of receiving the refusal letter. If you miss the deadline, you must explain why, and the tribunal will decide whether to hear your appeal.

You can request:

• A paper-based appeal (decision made on documents alone), or
• An oral hearing (where you and your lawyer can attend and speak)

In most cases, an oral hearing improves your chances of success. You can also bring new evidence on the day, especially if there’s been a delay in getting your appeal heard.The First-tier Tribunal is the first stage of appeal. You can apply online or by post using Form IAFT-5. You must also submit:

• Your refusal letter
• Evidence supporting your case
• Any legal arguments you want considered

You’ll receive a written decision, typically within six weeks. The tribunal can either:

• Allow your appeal – forcing the Home Office to reconsider
• Dismiss your appeal – upholding the refusal

Winning the appeal does not automatically grant refugee status, but it compels the Home Office to review the case. If the Home Office continues to resist, you may need to escalate the case further.

If your appeal is dismissed, you can escalate to the Upper Tribunal if:

• The judge made a legal error
• The wrong law was applied
• Evidence was ignored or misused
• Procedures were not followed properly

You’ll be given a form to request permission to appeal when your First Tier decision arrives. You have 14 days to submit it from inside the UK (or 28 days if outside the UK). There’s no fee to appeal to the Upper Tribunal.

An Immigration Judge decides asylum appeals after a full hearing. Here’s what to expect:

• You should typically have a lawyer present.
• The Home Office will also attend and may challenge your case.
• Hearings usually take place in person at a Tribunal Hearing Centre, though some are held online.
• If you have mental health issues, disabilities, or other vulnerabilities, your lawyer can request special arrangements.
• An interpreter will be provided if you asked for one when submitting your appeal.

During the hearing:

• You’ll be required to give evidence, which means the judge, your lawyer, and the Home Office may ask you questions about your case.
• Witnesses can also be questioned.
• Afterwards, your lawyer and the Home Office will make legal arguments to the judge.

The judge usually won’t make a decision that same day. Instead, they will review the evidence and send a written decision to your lawyer (or directly to you if you don’t have legal representation).

The appeal process from submission to decision typically takes 6 to 12 months, but may take longer if your case is complex or requires expert input. Delays are common due to the high volume of cases.

After your hearing, there are three possible outcomes:

Appeal accepted
If the judge accepts your asylum claim, the Home Office must grant you refugee status. This may take time, so stay in contact with your lawyer.

Appeal allowed on human rights or humanitarian protection grounds.s
If the judge doesn’t grant refugee status but does accept your case under other grounds (like Article 3 or family rights), you may still receive permission to stay. You should speak to a lawyer to decide whether to accept this outcome or appeal further.

Appeal refused
If your appeal is dismissed, you have 14 days to apply for permission to appeal to the Upper Tribunal, but only if there’s a legal error in the judge’s decision.

If no further appeal is possible, or you’re told that you’re “Appeal Rights Exhausted,” the next step would be to explore making a Fresh Claim based on new evidence or a change in circumstances. Our lawyers can assess this and help you take the next step.

We provide hands-on legal support at every stage of the asylum appeal process:

• Assess your chances of appeal success
• Submit the appeal on your behalf
• Gather and present evidence that strengthens your case
• Represent you at both the First Tier and Upper Tribunal
• Support judicial reviews if your case progresses further

Our team is responsive, strategic, and focused on helping clients achieve safety and stability in the UK.

Time is critical after an asylum refusal. Delays or mistakes can cost you your chance to stay in the UK. At Cromwell Wilkes, we act quickly to protect your rights and build the strongest possible appeal. Our team is here to fight for you, guide you, and give you the legal support you need.

If you’re facing an asylum appeal in the UK, contact us today and let us help you take the next step before it’s too late.