Last updated: 21 August 2025

If your asylum or immigration application is refused by the Home Office, you may have the right to appeal that decision at the First-tier Tribunal. Read more on the First-tier Tribunal appeals page of this guide.

If you lose your case at the First-tier Tribunal, this is called your appeal being dismissed. You may be able to appeal again to the Upper Tribunal. The Upper Tribunal is the court above the First-tier Tribunal. Its full name is the Upper Tribunal of the Immigration and Asylum Chamber.

Judicial reviews are also heard at the Upper Tribunal, but this page is only about appeals. You can read about judicial reviews on the Judicial Reviews page of this guide.

This page is about how to appeal at the Upper Tribunal. On this page you will find information on:

What is the Upper Tribunal?

The Upper Tribunal (Immigration and Asylum Chamber) is the court above the First-tier Tribunal.

How it is different from the First-tier Tribunal

The First-tier Tribunal hears most asylum and immigration appeals for the first time. The Upper Tribunal does not hear your whole case again from the start. The Upper Tribunal only looks at whether the First-tier Tribunal made a legal mistake (called an “error of law”). The judges are different: Upper Tribunal judges have a higher level of authority than First-tier Tribunal judges. Their role is to check whether the law was applied correctly, not to look at your whole case again.

Diagram showing the stages of appealing at the Upper Tribunal

Check if you have a legal reason to appeal

To carry on with your case and appeal again, you must get official approval to take your case to the Upper Tribunal. This is called Permission to Appeal. In order to get permission to appeal, you must show that the First-tier Tribunal judge made an error of law in their decision to dismiss your appeal. 

An error of law means that the judge made a legal mistake when making their decision.

Examples of errors of law include if:

  • The judge misunderstood the meaning of the immigration rules.
  • The judge did not follow a decision from a higher court that they had to follow.
  • The judge ignored important evidence.
  • The judge made a decision with no evidence or not enough evidence to support it.
  • The decision was made unfairly. For example, the judge did not follow the proper steps required for a fair hearing.

What is not an error of law:

  • Simply disagreeing with the decision that the judge made.
  • Thinking your evidence was stronger, without showing a legal mistake.
  • Having new evidence that was available at the time of the hearing but not given — unless you can show the judge’s refusal to consider it was itself a legal error.

Important:
If your new evidence is about a completely new reason to stay in the UK, for example, a new asylum claim or new human rights grounds, this is not part of your Upper Tribunal appeal. You would need to make further submissions to the Home Office, or an application to stay based on your human rights.

Read the Toolkit page on Further Submissions
Read the Toolkit page on Human Rights

Apply for permission to appeal

If the First-tier Tribunal dismisses your case, you do not automatically move to the Upper Tribunal. You must first apply for permission to appeal.

The first step is to apply to the First-tier Tribunal for permission. This is usually decided “on the papers” (the judge looks at documents without holding a hearing). At present, there is no fee to appeal to the Upper Tribunal.

ACTION SECTION: How to ask the First-Tier Tribunal for permission to appeal

The form you need: 

  • Ask the First-tier Tribunal for permission to appeal to the Upper Tribunal (Immigration and Asylum Chamber): Form IAFT-5.
  • You should be sent this form with your written decision from the First-tier Tribunal. You can download the form on the UK Gov website here. 

When you need to send the form: 

Your written decision will tell you the deadline for sending your application. If you are not sure of when this is then you should contact the Tribunal that heard your appeal. The specific tribunal’s contact details are usually on the last page of your written decision. If you cannot find these details you can call them the general line on +44 (0) 300 123 1711. 

If you are in the UK: The Tribunal must receive your application within 14 days from the date you were sent the written decision. If you are outside the UK: The Tribunal must receive your application within 28 days from the date you were sent the written decision. The deadlines are calendar days so this means that weekends and bank holidays are included. You must make sure that the application is received by the Tribunal before the deadline.

By email: Send your application before the end of office hours (5pm UK time) on the deadline day to be safe.

By post: Allow extra time for delivery – do not wait until the deadline day to send it. 

If the Tribunal later sends you an amended notice of decision (a corrected or changed written decision), the deadline runs from the date the amended notice was sent.

If you think the form will be late:

  • Complete Section 3: late applications 
  • Explain clearly why it is late and include evidence. 
  • For example:
    • You were in the hospital and could not send the form. If this applies to you, provide a hospital letter or medical note. 
    • Postal delays. Provide proof of postage
    • You did not receive the written decision in time — attach the envelope or proof of the actual date received.
How to complete the IAFT-5 form: 

The form has three sections: 

  1. Your details – Name, appeal reference number (e.g., PA/12345/2025), address, contact details, and your representative’s details (if you have one).
  2. Reasons for appeal – Explain the error(s) of law you believe the judge made.
  3. Late applications – You only need to complete this if your form will arrive after the deadline.
Reasons for appeal (grounds) 

This is where you explain the legal mistakes (error of law) you believe the judge made at the First-tier Tribunal. These are called “grounds”.

Examples of errors of law
  • The judge used the wrong law or wrong legal test (the rule the judge must use to decide part of your case).
  • The judge ignored important evidence.
  • The judge used evidence that should not have been used.
  • The judge misunderstood important facts in a way that affects the law.
What to do once you complete your IAFT-5 form
  • You need to send your application form and a copy of your decision letter from the First-tier Tribunal and any other relevant documents before the deadline. 
  • You can send this in different ways: 

By email: IAGFAPPS3@justice.gov.uk
Include your appeal reference number in the subject line. Your appeal reference number is at the top of your tribunal decision letter. It usually looks like PA/12345/2025, HU/12345/2025, or EA/12345/2025.

By fax: +44 (0)870 739 4053

By post: First-tier Tribunal (Immigration and Asylum Chamber), PO Box 11205, Southfield Road, Loughborough, LE11 9PS, UK

Tip: If posting, use tracked delivery and keep proof of posting. If emailing, send it well before 5pm UK time on the deadline day. If the application form is late with no reasonable explanation it will be rejected. 

If you are in immigration detention, you will need to ask a staff member to help you.

Finding the law for your appeal

When you write your reasons for the appeal (grounds), you will need to refer to the law, a legal test, or case law (decisions from other cases).

It is very hard to research and understand case law without a lawyer. Legal language can be complex, and it’s not always clear which cases are relevant or still valid. If you can, get legal advice.

When you’re writing your reasons for appeal (grounds), you may need to refer to a legal rule or case law. Without a lawyer, this can be difficult as legal language is tricky, and it’s hard to know what’s still relevant. If you can, try to get legal advice. 

If you need to do your own research, remember that you don’t need to gather a lot of cases. Focus on your decision first, and use just one or two good examples to show the error in law..

  • Try simple Google searches, e.g. “asylum standard of proof UK” or “immigration appeal adjournment fairness”
  • Upper Tribunal (Immigration and Asylum Chamber) decisions – UT IAC decisions are published online and show what counts as an error of law in other appeals.
  • BAILII – has UT IAC decisions, but they are detailed and not easy to read.
  • Free Movement blog – sometimes explains recent UT IAC decisions in plain English.

Common legal tests and case law

This section gives more examples of common types of errors of law in Asylum and Immigration Appeals. 

 Using the wrong legal test in asylum claims
  • What it means: The judge asked for the wrong level of proof. For asylum, you only need to show there is a “reasonable degree of likelihood” of persecution, not absolute certainty.
  • Case: R v Secretary of State for the Home Department, ex parte Sivakumaran [1988] AC 958 (HL)
  • Example: “In paragraph [x], the judge said I had to prove my case ‘beyond reasonable doubt.’ The correct test in asylum claims is whether there is a reasonable degree of likelihood of persecution (Sivakumaran [1988] AC 958). The judge in my case made a mistake in applying a higher standard of proof which  may have changed the result”. 
 Ignoring important evidence/not giving reasons for the decision
  • What it means: Judges must explain why they reached their decision, especially if they reject important evidence. If they do not explain, this can be an error of law.
  • Case: MK (duty to give reasons) Pakistan [2013] UKUT 641 (IAC)
  • Example: “In paragraph [x], the judge said there was no evidence of [x]. But I provided [evidence] at page [x] of my bundle. The judge did not refer to it or explain why it was rejected. Case law confirms judges must deal with important evidence (MK (Pakistan) [2013] UKUT 641). This unfairly undermined my case.” 
 Using evidence that should not have been used 
  • What it means: You should always be given the opportunity to see, hear, and respond to any evidence the judge wants to rely on. If the judge uses evidence that you were not shown, or did not have the chance to explain, this can mean the hearing is unfair and amount to an error of law.
  • Case: MM (unfairness) Sudan v SSHD [2014] UKUT 00105 (IAC) 
  • Example: “In paragraph [x], the judge relied on [evidence] that I was never asked about during the hearing. I had no chance to explain or respond to this. This is unfair and goes against the rule that evidence must be properly tested. It means the judge based their decision on evidence I could not challenge.”
Misunderstanding or misapplying Immigration Rules
  • What it means: The judge applied the wrong Immigration Rule, or misunderstood how the rule should work in practice.
  • Case: AS (Afghanistan) v SSHD [2009] EWCA Civ 1076
  • Example: “In paragraph [x], the judge said I did not meet the Immigration Rules because I did not have [situation]. Rule [number] actually requires [correct information] The judge misunderstood the Rule, which is an error of law (AS (Afghanistan) [2009] EWCA Civ 1076).”
Not giving a fair hearing (procedural unfairness)
  • What it means: If the judge does not give you a fair chance to present your case, the hearing may be unfair. This can include situations like the judge refusing to delay (adjourn) the hearing when it was necessary for fairness. For example, if you were unwell, did not have an interpreter, or important evidence was not yet available.
  • Case: Nwaigwe (adjournment: fairness) [2014] UKUT 418 (IAC)
  • Example: “The judge refused my request for an adjournment when [explain situation] This meant I could not present my case fully. The Upper Tribunal has confirmed that not adjourning in such circumstances can be an error of law (Nwaigwe [2014] UKUT 418). This was procedurally unfair.”
Mistake of fact that makes the decision unfair
  • What it means: If the judge got an important fact wrong, and this mistake led to unfairness in the decision, it may be an error of law.
  • Case: E and R v SSHD [2004] EWCA Civ 49
  • Example: “In paragraph [x], the judge said [incorrect fact]. The correct information is [state fact], and I can evidence this with [document/evidence]. Because the judge’s mistake affected how [e.g. my length of residence, my family ties, risk assessment] was assessed, it caused unfairness. Courts have said factual mistakes that cause unfairness; can be errors of law (E & R [2004] EWCA Civ 49)

ACTION SECTION: Tips for how to write your reasons (grounds of appeal)

Start with your First-tier Tribunal decision
  • Read it carefully from start to finish.
  • Highlight or underline any parts where you think the judge made a mistake.
  • Make a short list of possible mistakes (for example: wrong legal test, important evidence ignored, incorrect facts, or unfair parts of the hearing).
  • Use this list to plan your grounds.
How to write your reasons
  • If you can, type your answers on a phone or computer.
  • If you need to write by hand, use a black pen and clear block CAPITALS.
  • Use extra paper if you need to.
  • Number each reason.
  • Keep it short, clear, and easy to read. Focus on your strongest points.
  • Make sure you include all your reasons – you cannot add new ones later.
  • Avoid long comments and emotional language.
  • Do not include information that is not directly relevant to the legal points. It will not help the judge and may make your case harder to follow.
  • If you find writing English difficult, a trusted friend or supporter can write for you. You must tell them what to write, and they should read it back to you to check it is correct.
What your reasons are not about:
  • It is not just saying you disagree with the judge’s decision.
  • It is not asking the Upper Tribunal to look at your case again from the beginning
  • It is not about telling your full story again.
  • It is not about adding new evidence that could have been presented at your first hearing.
  • It is not about saying the judge believed the wrong person or gave more weight to the other side’s evidence – unless you can show this was legally unfair or not properly explained.

If you are refused permission to appeal

If the First-tier Tribunal refuses you permission to appeal at the Upper Tribunal, you can then apply for permission to appeal from the Upper Tribunal. Keep reading to find out how

Apply for permission at the Upper Tribunal

You can ask the Upper Tribunal for permission to appeal if you believe the First-tier Tribunal judge made a legal mistake, and one of these things has happened:

  • The First-tier Tribunal refused to give you permission to appeal.
  • The First-tier Tribunal said your application was too late and did not accept it.
  • The First-tier Tribunal only gave you permission on some issues, but you also want to appeal on others.

ACTION SECTION: How to ask the Upper Tribunal for Permission to Appeal

To apply for permission to appeal against a decision made by the First‑tier Tribunal (Immigration and Asylum Chamber) you will need Form IAUT1.

The refusal letter for Permission to Appeal from the First-Tier Tribunal will normally have the IAUT-1 form attached (or a link to download it), or you can find it online.

This form is longer than the IAFT-5. It has notes on the right-hand side of each page to guide you. The form is divided into 7 sections. 

How to complete the IAUT-1

Apply for anonymity

Before you start the sections you will be asked about “anonymity”. This means asking the Tribunal to keep your name private. If you are granted anonymity, your name will not appear in any public documents about your case. The Tribunal will still use your name internally when dealing with your appeal.

You will be asked to give reasons about why you want anonymity. Examples include:

  • You’re afraid the decision might put you or your family at risk back home.
  • The case involves sensitive or private personal circumstances (e.g., trauma, medical evidence, survivors of trafficking or gender-based violence).
  • You want to protect the identity of vulnerable witnesses or family members.
  • You’re concerned about media exposure or unwanted public attention.

The Tribunal will only agree to anonymity if there is a good reason. They may say no if:

  • There’s no risk of harm to you or your family.
  • It’s not an asylum or protection case.
  • You don’t give a clear reason why your name should be hidden.
  • They think it’s more important for the case to be public.

 In most asylum cases anonymity is granted. In other types of immigration cases, you need a strong reason (for example, children, health issues, or safety).

  1. First-tier Tribunal appeal details – your case reference numbers, date of refusal, and why you are applying to the Upper Tribunal.
  2. About you (the appellant) – your name, date of birth, nationality, contact details.
  3. About your representative – your lawyer’s details, if you have one. If you don’t have one then skip this section.
  4. Accelerated detained appeals (ADA) – only if your case is in the fast-track system. Must reach the Upper Tribunal within 7 working days of refusal. Skip this section if it does not apply to you.
  5. Late appeals – if your application is late, explain why and provide evidence. Normal time limits are:
    • 14 days (if you are in the UK)
    • 1 month (if you are outside the UK)
    • Both count from the date the First-tier Tribunal refusal was sent.

6. Reasons for appeal – Explain what legal mistakes you think the First-tier Tribunal judge made (for example, used the wrong law, ignored evidence, or gave inadequate reasons)

7. Hearings – This section can be confusing because it is asking about two different things:

7.1 Do you want your Permission to Appeal (PTA) application decided at a hearing?

  • Normally, the judge decides PTA applications on the papers (by looking at documents only).
  • You can ask for a hearing, but this is rare. The judge will only agree if there’s a good reason (for example: you cannot explain properly in writing because of language, disability, or fairness issues).

7.2 Will you need any support at any hearing?

  • This question also covers the final hearing, if permission is granted.
  • Examples: wheelchair access, hearing loop, interpreter.
  • Say clearly what support you need and why.
  • You should still complete 7.2 even if you do not want a hearing for permission to appeal. The Tribunal also uses this section to record whether you would need any support if a later hearing is granted.

Statement of truth – you (or your lawyer) must sign and date.

What to do once you complete the IAUT-1

Checklist – what to include with your IAUT-1 form

When you send your IAUT-1 application, make sure you include:

  • A copy of the First-tier Tribunal’s decision dismissing your appeal.
  • The “refusal of permission to appeal” notice from the First-tier Tribunal (or the notice refusing to admit your application).
  • A copy of your original application and any evidence you want to rely on.

Tip: keep a copy of everything you send, and if posting, use tracked delivery.

Where to send your IAUT-1 form
  • If you have a lawyer: they must use the online e-Filing system.
  • If you don’t: you can send it by email (UTIACPermissionApplications@justice.gov.uk) or post (Upper Tribunal (IAC), Field House, 15–25 Breams Buildings, London EC4A 1DZ).
Tips for completing the IAUT-1 form

Before you start, carefully read the refusal notice from the First-tier Tribunal. This explains why the judge said there was no “error of law” in your case, or why permission was only granted on limited grounds.

Your IAUT-1 application needs to respond to these reasons. You must show why you still believe the judge made a legal mistake.

For help understanding what counts as an “error of law” and examples you can use, see the previous Action Section on this Toolkit page.

If you are refused permission to appeal by the Upper Tribunal

You cannot take the case further through the normal appeals system. There is no right of appeal to the Court of Appeal against this kind of decision. You may want to consider whether you are able to put together a fresh claim.

If you are granted permission to appeal

If the Upper Tribunal (UT) gives you permission to appeal, your case will either:

  • be decided at a hearing (with one or more Upper Tribunal judges), or
  • be decided “on the papers” (without a hearing, using only the documents).

The Tribunal will send instructions of what you must do before the hearing and when you need to do this by. These are called ‘Directions’. You will be called the “appellant” (the person appealing) and the Home Office will be called the “respondent”. 

It is very important to read the Directions carefully and do what they say within the time limits. If you miss a deadline, you may need to explain why and ask for extra time.

Directions might ask you to:

  • Send a short written summary of your arguments (this is called a “skeleton argument”). You should expand on the points you already made in your Permission to Appeal application. [hyperlink] Keep it clear and simple and focus on showing clearly why you believe the First-tier Tribunal judge made a legal mistake.
  • Send any new evidence you want the Tribunal to see. Explain why you did not send it before.
  • Send copies of everything to both the Tribunal and the Home Office.
  • Follow deadlines. The Directions will give you clear dates for when documents must arrive.
  • Provide updated information. For example, tell the Tribunal if you change address, change lawyer, or no longer have a lawyer.
  • Tell the Tribunal about practical needs: if you need an interpreter, privacy, anonymity or if you want to request a male or female judge.

Practical needs, privacy and fairness

  • Interpreter: If you didn’t already ask for an interpreter in your application, you should tell the Tribunal now. Be clear about the language and dialect you need.
  • Privacy: Hearings are normally public, which means members of the public can attend. If you are worried about safety or your case involves very sensitive issues, you can ask for your hearing to take place in private. Make this request as early as possible and explain your reasons.
  • Anonymity: In asylum appeals, anonymity is usually automatic. In other immigration cases, you can still ask for it if you have good reasons (such as children, health or safety). If you already asked in your IAUT-1 form, you don’t need to ask again unless your situation changes.
  • Judge preference: You can ask for a male or female judge if there are issues in your case that make this important. The Tribunal will decide whether it can grant this request. Make this request as early as possible, and no later than 7 days before the hearing.
  • Special requirements: Write to the Customer Enquiry Unit,  IA Field House, 15-25 Breams Buildings, London, EC4A 1DZ at least 2 weeks before your hearing if you need adjustments (for example: wheelchair access, large print forms, or hearing support).

The hearing

Before the day: 

  • Childcare: You cannot take children into the hearing room. Arrange for childcare. If you need to bring them to the building, you must arrange for someone to look after them.
  • Travel: Plan your route to the Tribunal (IA Field House, 15-25 Breams Buildings, London, EC4A 1DZ.). The Tribunal does not cover travel costs for immigration appeals, so you will need to pay for your journey.
  • Pack your bag. You need to bring:
    • Your documents: hearing letter, case number, Directions, and any evidence you want the judge to see.
    • Drinks or snacks (not all buildings have cafés). Water is usually provided in the hearing room.
    • There is a list of items you are not allowed to bring with you on the Tribunal website you can read here. 
    • There are no rules of clothing but dress smartly if you can. You cannot wear anything on your head inside the building unless it is for religious reasons.
  • Decide if you will bring a supporter. You can usually bring one friend or family member with you for support. If you bring more than one, they may not be allowed into the hearing.

On the day of your hearing

When you get there
  • Arrive 30 minutes before the time in your hearing letter (the daily list starts at 10am or 2pm, but your case might be later).
  • Security checks are like at an airport: your bag and pockets may be searched, and you may need to walk through a scanner. If you’re wearing a head covering for religious or cultural reasons, you can ask for it to be checked with a handheld scanner so you do not have to take it off.
  • Keep in contact with Tribunal staff (called “ushers” or “clerks”) in case the order of cases change.
What the hearing room looks like

The hearing will usually take place in a normal room with desks and chairs, not a big courtroom.

  • The judge sits at the front of the room.
  • You sit on one side, with your lawyer or adviser if you have one.
  • The Home Office Presenting Officer (HOPO), if present, sits on the other side.
  • Your interpreter (if you have one) will sit next to you.
  • Your supporter (friend or family member) usually sits quietly at the back.
During the hearing
  • Tribunal staff (called “ushers” or “clerks”) will show you into the room.
  • Stand when the judge enters and leaves, but you can stay seated when speaking.
  • Speak clearly and politely. Call the judge “Judge,” “Sir,” or “Madam.”
  • Mobile phones must be switched off.
  • You can take notes but not record or take photos.
  • If you’re giving evidence, you’ll swear an oath or make a legal promise to tell the truth.
  • If you need a break (for example, for health or concentration reasons), ask the clerk or judge.
Making your argument 

Remember: at the Upper Tribunal you are not re-arguing your whole case. You need to show the judge that the First-tier Tribunal made a legal error in how they decided your appeal.

If you do not have a lawyer, you will need to explain your case yourself. If you do have a lawyer, they will do most of the legal arguments, but you will still need to give your evidence.

  • You will usually speak first and explain why you believe the First-tier Tribunal judge made a legal mistake in your case.
  • After you, the Home Office Presenting Officer (HOPO) may ask you questions, and the judge might as well.
  • The HOPO will then give their arguments about why they think your appeal should be dismissed. Take notes if you can, as you may want to respond.
  • You will normally get the final word. This is your chance to reply to the HOPO’s points and remind the judge why your appeal should be allowed.
  • Don’t interrupt the judge, HOPO, or any witness while they are speaking. If you need to say something and the judge is about to move on, raise your hand.

ACTION SECTION

Tips for preparing your argument:

  • Write down your key points in advance, and bring a copy to the hearing. You can give a copy to the judge (but you must also give one to the HOPO).
  • Keep it clear and organised. For example:
    • “My first point is…”
    • “My second point is…”
  • Focus on one reason at a time. If your reasons are linked, explain how.
  • Practice: Try a pretend hearing with friends or supporters. Someone can play the judge, someone the Home Office Presenting Officer, and you can practise making your points.
  • See a hearing in advance: Hearings are public, so you can go and watch someone else’s case before yours. For some people this makes the process feel less intimidating. For others, it might feel stressful so think about whether it would help you.

The decision

At the end of your hearing, the judge will either:

  • Tell you their decision straight away
  • Say they will “reserve their decision”, which means they’ll decide later and send the decision to you in writing.

You will either receive a positive decision (your appeal succeeds) or a negative decision (your appeal fails).

Positive decision

If the Upper Tribunal judge finds that the First-tier Tribunal made an error of law they will decide what should happen next. This could mean:

  • Fresh decision straight away: The judge may continue the same hearing and make a new decision themselves.
  • Two-stage process (partial hearings): Sometimes the judge will first hold an “error of law hearing” (to decide whether the First-tier Tribunal got the law wrong). If they agree there was an error, there may be a separate remaking hearing at a later date to look at the evidence again.
  • Send the case back: The judge may send your case back to the First-tier Tribunal.
    • If the facts of your case were already clearly decided, the First-tier Tribunal may just re-make the decision without hearing new evidence.
    • If the facts were not reliable, the First-tier Tribunal may rehear the case with new evidence.
  • Keep some findings, change others: The Upper Tribunal may decide to keep (“preserve”) some of the First-tier Tribunal’s findings, but not others.
What happens next in practice
  • Wait for the written decision, even if the result is announced on the day.
  • Check carefully whether the judge is:
    • making a new decision immediately,
    • planning a separate “remaking” hearing, or
    • sending the case back to the First-tier Tribunal.
  • If your case is being sent back, you will get new hearing details later.

Negative decision

If the judge decides the First-tier Tribunal did not make an error of law, your appeal will be dismissed.

You may be able to try to appeal further to the Court of Appeal, but this is much more complicated and usually requires a lawyer.

What happens next in practice
  • Wait for the written decision.
  • Seek legal advice immediately if you want to challenge it further.
  • Deadlines are strict, and appealing to the Court of Appeal is much more complex than applying to the Upper Tribunal.
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