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After a refusal

If your asylum or immigration application is refused by the Home Office, you should try and get legal advice.

If you do not have a lawyer, or you cannot pay for private legal help if your case is not eligible for legal aid, there may be things you can do yourself and with the help of supporters.

solidarity

Appeals

If your application was an asylum, human rights case, or EU law case, you may be able to appeal the refusal. See next section on Appeals.

There is currently only the right of appeal if the Home Office refuse an application based on:

There is no right of appeal for refusals of immigration applications made after 6 April 2015 that are not asylum/humanitarian protection, human rights, or EU law based.

Even if your application was not based on protection, human rights or EU grounds, you may be able to claim a right of appeal on these grounds. For example, a refusal of a visitor visa may raise human rights grounds. This is not straightforward, however. Read more here.

If you made your application before 6 April 2015 you may still have the right of appeal if you are refused. See the Home Office website for more information.

In the case of a visa refusal, the simplest remedy may be to reapply, submitting a new application form with new evidence and a new fee. This is only likely to work if you are able to fix the things that led to a refusal (submitting insufficient evidence, for example).

Administrative review

If your immigration application is refused and you do not have the right to appeal the decision, you may be able to apply for administrative review. This is where you apply to the Home Office to review the decision it has made.

You can apply for administrative review in some circumstances even if you are granted leave to remain, but are not happy with the length of leave given or the conditions imposed.

Not everyone will have the right to ask for an administrative review. People applying for visitor visas, for example, do not have the right to review. Nor do family members applying for the right to stay under the Family Migration immigration rules.

Your refusal letter will tell you if you have the right to apply for a review, and will tell you how to apply.

Administrative review will only be available if the error you believe the Home Office has made could have made a difference to the decision. It can be used to resolve "case-working errors" on a number of grounds. See page 21 of the Home Office guidance for more information.

The review will be carried out by someone other than the original decision maker.

If you are already in the UK, you need to apply for an administrative review within 14 days of getting the decision, or 7 days if you are detained. It costs £80 (which will be refunded if you are successful in overturning the decision through the review).

For information on administrative reviews if you are applying from outside of the UK, see the Home Office website.

No new evidence can be submitted when applying for an administrative review, apart from certain circumstances when you are providing new evidence to demonstrate a case-working error in the Home Office decision. In any case, you may be asked at a later date to send new information or documents.

In most cases, you should not be removed from the UK until your review has been completed. However, if you ask for a review but its outcome would not make a difference to the decision to remove/deport you, a review will not prevent removal taking place. This includes if you are facing automatic deportation or your case is a national security case.

You can’t request a second review, unless the result included new reasons why you were refused. If the review doesn't result in your being granted leave to remain (or a change to the time period or conditions of your leave, if that was what you have requested to be reviewed), you may be able to apply for judicial review of the administrative review decision.

After an asylum/human rights refusal

basis of claim

More:

Other Courts section Fresh Claims section Judicial Reviews section Upper Tribunal

ACTION SECTION: the refusal

Challenging Home Office country guidance

If you have claimed asylum, the Home Office will compare what you have said in your asylum claim to their “country policy and information notes”. If what you said happened or could happen is supported by general evidence about persecution in your country, this could help your case.

The documents that the Home Office use contains references to country guidance cases and include guidance notes on how cases should be dealt with. They give guidance on whether claims are likely to justify the grant of asylum, humanitarian protection or other leave, based on the general, political and human rights situation in the country as viewed by the Home Office.

The Home Office guidance for your home country may be flawed – it may be out of date, or not reflect the concerns of human rights organisations. You can find the Home Office's country documents here.

Country guidance cases are asylum appeals chosen by the immigration tribunal to give legal guidance for a particular country, or a particular group of people in a particular country. The decisions in these cases are assumed to be based on the best possible evidence about that country at that time. Until there are significant changes in that country, a country guidance decision sets out the law for other asylum-seekers from that country. You can find the last country guidance decisions here.

Case law can be quite old and may not reflect a current or changing situation. The other problem with case law and country guidance is that it reflects a general situation, and your individual case might not fit that pattern.

Expert Evidence

Expert evidence may be obtained by your lawyer if your case goes to appeal, but it is something you or a supporter can think about as well. Evidence could come from an academic, university researcher, or experienced professional who is an expert on your country of origin, or a particular aspect of your case (women’s rights in a certain region, an ethnicity, a religious minority, etc.). They can be asked to look at your testimony and comment on whether it fits with what they know about the subject. They could also be asked to comment on why your case might not fit the general pattern.

Note: you are not asking the expert to say whether or not you are telling the truth. You are asking them to use their knowledge to comment on how your story fits into known information on that topic.

Usually, a lawyer will instruct an expert, and pay them a fee. This fee will normally be covered by legal aid, if you case is eligible for this.

ACTION SECTION

An expert may be useful in other aspects of a case too. If there are reasons why you can’t give testimony easily, because of memory or psychological problems, they can comment on this. If there have been problems understanding things, an expert could comment on language problems or learning difficulties.

If your case includes a claim to a family or private life in the UK, a teacher, psychologist, psychiatrist or social worker may be able to comment on the impact the removal/deportation of you or your child might have on their development.

You may find it useful to look at the 'Best Practice Guide to Asylum and Human Rights Appeals' section on expert evidence. This is a guide written by lawyers for laywers, but you may find parts of it helpful or be able to ask someone with legal knowledge to help you go through and read what an "expert" in this context is, and what they can and can't say.

Objective Evidence

When challenging a Home Office refusal of your asylum or human rights claim, especially if your are appealing the decision, you may need objective evidence. Objective evidence may be general information about the situation in your country, from reliable sources such as human rights organisations or trusted media sources. It could also include an expert statement on your country or situation (see above).

Objective evidence is especially important if your credibility has been questioned by the Home Office - the evidence isn't based on what you say happened or could happen.

The evidence needs to be relevant to your asylum claim (your fear of persecution) and either cover the time period when your previous persecution occurred, or be recent evidence if you are talking about a future fear of persecution.

Finding objective evidence for an asylum/human rights claim

Objective evidence in this section refers to sources that aren’t connected to you. Generally, good places to find this evidence are through human rights organisations or reputable media sources.

Good places to look for information on human rights in a country of origin:

For more suggestions of where to look for evidence, see the country information page on the Right to Remain website, where sources are also listed thematically.

All the sources listed above are all considered to be reliable sources of information, which have a good reputation for being accurate, and the media sources listed are ones that have good world news sections and are interested in human rights. If you are getting evidence from other sources, think about who has written the report or article. If it’s a group that is in opposition to a government, the Home Office and the courts might not consider it to be objective/good evidence.

ACTION SECTION: after a refusal

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