Possible outcomes after appeal

ⓘ Information card

The judge does not usually decide whether or not your appeal has been allowed (successful) or dismissed (unsuccessful) at the hearing itself.

You will be informed of the outcome of your case in writing after some weeks or, because of delays, even months. The judge may say in the hearing when you can expect to receive the decision.

Positive decision

If you receive a positive decision in your case, the Home Office may appeal the positive decision. If it does not appeal, or appeals and loses, the Home Office should reverse its decision and take the necessary next steps (such as granting you Refugee Status).

If you are granted Refugee Status or Humanitarian Protection (see the Asylum Decision page of the Right to Remain Toolkit), you will have the right to work, claim benefits, access mainstream housing, and the possibility of applying for family reunion. Your asylum support will generally be stopped within 28 days of you being granted status.

Negative decision

If your case is refused (“dismissed”), you may be able to appeal that decision at the Upper Tribunal. This is difficult to do without a lawyer, and many people find that their lawyer will no longer represent after an appeal is dismissed. Read more in the Upper Tribunal page of the Right to Remain Toolkit.

You may have other legal options available to you, such as a fresh claim. See the problem cards below, and read the Right to Remain Toolkit section on Fresh Claims for more information.

“Appeal Rights Exhausted”

If you cannot apply for permission to appeal to the Upper Tribunal (within the time limit of 14 days), or you apply and permission is refused, or permission is granted but then your case is again dismissed, you become what the Home Office calls “Appeal Rights Exhausted”. You are also considered to be Appeal Rights Exhausted if you do not manage to appeal to the First-Tier Tribunal, or did not have the right to do so in the UK. You can read our “Appeal Rights Exhausted” Toolkit page to find out more.

Asylum Support stopped

When the Home Office considers you to be “Appeal Rights Exhausted”, it will stop your financial support and you will be told to leave your asylum accommodation. You may be eligible for ‘Section 4’ support. Read our Toolkit page on Asylum Support to find out more.

Risk of detention

The Home Office has the power to detain people at any point in the asylum process, but it is most likely to happen either at the start of the process (for example, at the Screening Interview), or when you are “Appeal Rights Exhausted”. You could be detained at a regular reporting appointment at the Home Office, or if there is an immigration raid on where you are staying, or if you encounter immigration officials in another way. See the problem card below and read the Detention section of the Right to Remain Toolkit for more information.

Risk of removal from the UK

When the Home Office considers you to be “Appeal Rights Exhausted”, they may attempt to remove you from the UK (this may happen very suddenly, or after some time). Read  the problem card below and the Right to Remain Toolkit section on Removal and Deportation.

Now read the problem cards below. Discuss with a friend (or have a think if you’re doing this alone) what you might be able to do in this situation. When you have finished, click to reveal a suggested action.

⚠️ Problem card

Your appeal is dismissed and the Home Office now considers you “appeal rights exhausted”. Your asylum support allowance is about to stop and you are going to be evicted (made to leave) your asylum accommodation.

  • Click to show action…

    Some local groups and organisations can provide help in this situation. This might be financial help, food banks, and emergency accommodation. There are also hosting schemes in some towns and cities, where you can stay with a registered host for free.

    It may feel embarrassing but you can think about asking a community group you are involved with for help – people often really want to help, and hate how the asylum system treats people, so don’t be shy to ask!

    To find support organisations and community groups near you, take a look at the Right to Remain Directory which is organised by geographical region.

    If you have new evidence for your asylum claim, you can submit it to the Home Office to be considered as a fresh claim. While you are waiting for the Home Office to make a decision as to whether it will accept that your new evidence counts as a fresh claim, and if it does, and the Home Office is making a decision as to whether it will now accept your asylum claim, you may be entitled to asylum support. See the Fresh Claims section of the Right to Remain Toolkit for more information.

⚠️ Problem card

Your appeal is dismissed and the Home Office now considers you “appeal rights exhausted”. They may try to remove you from the UK.

  • Click to show action…

    Try to get legal advice about your options at this stage. Do you in fact have a further appeal that could be made, if an “error of law” has been made in previous decisions in your case? This is even possible “out of time” of the appeal deadline in some circumstances. Read the Right to Remain Toolkit page on the Upper Tribunal

    Do you have or could you get new evidence that shows you would be in danger in your home country, or that you have human rights reasons that mean you need to stay in the UK? If you cannot find a legal aid lawyer to represent you in submitting further submissions (to be considered as a fresh claim), could you fundraise to pay for a private lawyer to help you? See Right to Remain Toolkit (Fresh Claims section) for more information.

    Even though it is scary, it is also worth learning about how removal and deportation from the UK works so you can prepare your case. You can do so by reading the Toolkit page here.

⚠️ Problem card

Your appeal is dismissed and the Home Office now considers you “appeal rights exhausted”. You are at risk of being detained.

  • Click to show action…

    Detention could happen very suddenly. Make sure you are prepared so that you will be in the best situation possible if this happens to you.

    You should have a physical list of emergency contacts (on paper, not just on your phone), and someone you trust should have a copy of the list too.

    If you are detained, it may become impossible for you to access your documents if they are in your home. Give a copy of your documents to someone you trust.

    Give a consent letter in advance to a friend giving permission to access your room in asylum accommodation if you are detained, so they can go and get essential things from your house. This consent letter is also useful so that a friend can contact your lawyer on your behalf.

    Some people phone a friend when they are entering the reporting centre, with instructions for what to do and who to contact if they are detained. If the friend does not get a call within an hour or two to say they are safe, the friend can call their lawyer and/or support group if they have one. Your phone will probably be taken off you if you are detained. Keep your important numbers written down.

    Read more about how to prepare in case of detention (and also how to get out of detention) in the Right to Remain Toolkit Detention section.