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Asylum & Humanitarian Protection

Asylum Appeals

An asylum appeal is your chance to ask an independent judge to look again when the Home Office has refused your claim. Most refusals carry a right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber), where a judge reviews the evidence afresh and decides whether the refusal was wrong. The deadline is short, usually 14 days from the date of your refusal letter if you are in the UK, so it is important to act quickly. Appeals are often won, especially where the refusal contains legal errors or where strong new evidence is prepared. We can advise you, represent you and check whether your appeal is covered by Legal Aid.

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What is an asylum appeal?

An asylum appeal is a request for an independent judge at the First-tier Tribunal to review the Home Office's refusal of your protection claim. The judge looks at the evidence again and can either allow the appeal, meaning you are granted protection, or dismiss it. Most in-country refusals carry a right of appeal, with a strict deadline of usually 14 days.

When the Home Office refuses an asylum claim, the decision is not always the end of the matter. Home Office refusal letters often contain legal errors, reject a person's account unfairly, or fail to deal properly with the evidence. An appeal puts your case in front of an independent immigration judge who decides it afresh.

The appeal is heard before the First-tier Tribunal (Immigration and Asylum Chamber), an independent judicial body. The Home Office is represented at the hearing by a Presenting Officer. You give evidence, your representative makes legal arguments, and the judge usually sends a written decision, sometimes called the determination, some weeks after the hearing.

Who can appeal?

You may have a right of appeal if the Home Office has refused your protection or human rights claim. Your refusal letter, the Notice of Decision, tells you whether you can appeal and by when. The situations below are common.

  • Your asylum claim has been refused and the refusal letter confirms a right of appeal.
  • Your human rights claim, for example under Article 3 or Article 8, has been refused.
  • Your humanitarian protection claim has been refused.
  • Your refugee status or protection status has been revoked by the Home Office.
  • You believe the Home Office made a legal error, ignored your evidence, or wrongly rejected your credibility.
  • You have new evidence, or the situation in your country has worsened, since the refusal was made.

Grounds of appeal: when the Home Office may have got it wrong

An appeal succeeds where you can show that the refusal was wrong in law or on the evidence. The grounds of appeal are set out in sections 82 and 84 of the Nationality, Immigration and Asylum Act 2002. The issues below are among the most common.

An error of law

The Home Office applied the wrong legal test, misread the Refugee Convention, or misapplied country guidance from the Tribunal.

Credibility findings that cannot stand

The Home Office disbelieved your account in a way the evidence does not support, or did not give you a fair chance to explain apparent inconsistencies.

Evidence that was not properly considered

Important documents, witness statements, medical reports or expert country evidence were overlooked or given too little weight.

A real risk of serious harm on return

Returning you would expose you to torture or to inhuman or degrading treatment. This can support an Article 3 human rights argument alongside the asylum appeal.

Changed country conditions

The situation in your country has worsened, or new country information has emerged, since the Home Office made its decision.

The deadline to appeal is strict, usually 14 calendar days from your refusal letter if you are in the UK. If you miss it, you must explain why and ask the Tribunal to extend time, which is not guaranteed. Some claims are certified by the Home Office, for example as clearly unfounded under section 94, which can remove the in-country right of appeal. The points on this page are a general guide, correct as at June 2026, and are not legal advice. Speak to us as soon as you receive a refusal.

How we help

  1. 1

    Urgent review of your refusal

    We read your refusal letter and the Home Office reasons carefully, identify the errors and the strongest grounds, and confirm your deadline. Because the time limit is short, we move quickly.

  2. 2

    Lodging your appeal and grounds

    We file your notice of appeal with the First-tier Tribunal within the deadline and draft clear written grounds that set out, point by point, why the refusal was wrong.

  3. 3

    Building your evidence for the hearing

    We prepare your appeal bundle: an updated witness statement, supporting documents, and where it helps your case, medical or country expert reports. Well-prepared evidence is often what wins an appeal.

  4. 4

    Representation at the hearing

    We represent you at the Tribunal hearing, lead your evidence, respond to the Home Office Presenting Officer and make the legal arguments to the judge. If the appeal is dismissed, we advise quickly on a further appeal to the Upper Tribunal, where the time limit is again short.

What is included in our service

  • Urgent review of your refusal letter and reasons
  • Confirming your appeal deadline and right of appeal
  • Lodging your notice of appeal with the Tribunal
  • Drafting your written grounds of appeal
  • Preparing your appeal bundle and evidence
  • Representation at your First-tier Tribunal hearing

Asylum and protection appeals are within the scope of Legal Aid in England and Wales, and we hold a Legal Aid contract for asylum work. Whether you qualify depends on a financial assessment of your means and an assessment of the merits of your appeal. We check your eligibility for Legal Aid as soon as you contact us. Where Legal Aid is not available to you, we explain clearly and in writing what any private fee would be before any work begins, and we confirm any tribunal fee and whether an exemption applies. There is no charge to find out where you stand.

Common questions

If you are in the UK, you usually have 14 calendar days from the date of your refusal letter to lodge your appeal with the First-tier Tribunal. From outside the UK, the limit is usually 28 days. The deadline is strict, so contact a solicitor as soon as you receive the refusal.

An asylum appeal is heard at the First-tier Tribunal (Immigration and Asylum Chamber) by an independent immigration judge. The Home Office is represented by a Presenting Officer. You give evidence, your representative makes legal arguments, and the judge usually sends a written decision some weeks after the hearing.

Yes. Asylum and protection appeals are within the scope of Legal Aid in England and Wales, and we hold a Legal Aid contract for asylum work. Whether you qualify depends on your financial circumstances and the merits of your appeal. We assess your eligibility when you first contact us, at no charge to you.

Every case turns on its own facts, but a substantial proportion of asylum appeals are allowed at the First-tier Tribunal, often where the refusal contained legal errors, or where fresh evidence and up-to-date country information are properly prepared. A clear, well-evidenced appeal gives you the best chance of success.

In most cases an in-country asylum appeal is suspensive, which means you can remain in the UK until your appeal is decided. Some claims are certified by the Home Office, which can change your appeal rights and where the appeal must be brought. We confirm your exact position as soon as we see your refusal letter.

Yes. You can usually rely on new evidence at your appeal, including an updated witness statement, documents, and medical or country expert reports. Strong, well-organised evidence that directly answers the Home Office reasons for refusal is often what makes the difference at the hearing.

If the First-tier Tribunal dismisses your appeal, you may be able to apply for permission to appeal to the Upper Tribunal, but only on a point of law, and usually within 14 days. If no further appeal is possible, a fresh claim based on new evidence may be an option.

Last updated: June 2026.