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 about three or four weeks. The judge may say in the hearing when you can expect to receive the 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 section 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.
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 This is difficult to do without a lawyer, and many people find that their lawyer will no longer represent after an appeal is dismissed.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.
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. See problem card.
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. You may also wish to read the Toolkit section on Thinking About Going Home, and think about what your options may be if the Home Office do remove you from the UK.
Due to the Covid-19 coronavirus crisis, people are currently able to stay in their asylum accommodation and receive financial support even when they are “appeal rights exhausted” or have been granted leave to remain (e.g. Refugee Status or Humanitarian Protection) and would normally be told to leave the accommodation and have their support stopped.
The Home Office have stopped new detentions of people who would otherwise face removal to 49 countries, because Covid-19 travel restrictions have made most removals/deportations impossible at this current time.
Find out more at our Covid-19 updates page.
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.
⚠️ 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.
⚠️ Problem card
Your appeal is dismissed and the Home Office now consider you “appeal rights exhausted”. You are at risk of being detained.