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.

You will be informed of the outcome of your case in writing after some weeks (because of delays, this may also be 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. If they do not appeal, or they appeal and lose, the Home Office should reverse their decision and take the necessary next steps (such as granting you Refugee Status).

If you are granted Refugee Status or Humanitarian Protection (see Asylum Decision page of the Right to Remain Toolkit for more information on this), you will have the right to work and claim benefits, access to 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 This is difficult to do without a lawyer, and many people find that their lawyer will no longer represent after an appeal is dismissed.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 section of the Right to Remain Toolkit.

You may have other legal options available to you, such a fresh claim. See problem card and read the Right to Remain Toolkit section on Fresh Claims.

“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 call “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 consider you to be “Appeal Rights Exhausted”, they 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 (see Screening Interview information); 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 problem card 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 will at some point attempt to remove you from the UK (this may happen very suddenly, or after some time). Read problem card and Right to Remain Toolkit section on Removal/Deportation.

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

⚠️ Problem card

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

  • Click to show action…

    Some local groups/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!

    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 the Home Office consider if it is a fresh claim, and then again if the Home Office accept that it is a fresh claim and you are waiting for them to make a decision on it, you may be entitled to asylum support. See Right to Remain Toolkit (Fresh Claims section) for more information.

⚠️ Problem card

Your appeal is dismissed and the Home Office now consider 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 (Upper Tribunal section).

    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.

⚠️ Problem card

Your appeal is dismissed and the Home Office now consider 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 list of emergency contacts, and someone else should have a copy.

    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 in the Right to Remain Toolkit (Detention section).