Appeals

This topic primarily covers immigration appeals to the First-tier Tribunal (Immigration and Asylum Chamber) and, in particular, provides guidance on:

  1. which immigration decisions attract a right of appeal to the First-tier Tribunal

  2. how to submit an appeal to the First-tier Tribunal

  3. appeal procedure and relevant timelines, and

  4. preparing for the appeal

The First-tier Tribunal is an independent tribunal within the HM Courts and Tribunal Service. Appeals are decided by immigration judges.

The current legal framework governing statutory appeals to the immigration tribunal entered into force pursuant to the Immigration Act 2014 (IA 2014), which introduced fundamental changes to the appeals regime.

Rights of appeal

Non-EU Settlement Scheme cases

IA 2014 dramatically reduced the number of decisions against which an appeal will lie for the affected categories of migrants. In non-EU Settlement Scheme cases, a person will only have a right of appeal under the Nationality, Immigration and Asylum Act 2002 (NIAA 2002), s 82 where:

  1. the Secretary of State for the Home Department (SSHD) refuses a protection claim

  2. the SSHD refuses a human rights claim, or

  3. the SSHD

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Latest Immigration News

Home Office announces EU Entry-Exit System implementation for British travellers

The Home Office has announced that the European Union's Entry-Exit System (EES) commenced on 12 October 2025, requiring British passport holders to register biometrically on their first visit to Schengen area countries. The system mandates non-EU citizens to scan passports and provide fingerprints and photographs at EU borders, with registration valid for three years or until passport expiry. Implementation will be phased over six months until April 2026, with varying requirements across different ports during this period. Those travelling to Schengen area countries do not need to take any action before travelling and the process is free of charge. The EES has been introduced to replace passport stamping for all non-EU citizens and applies to Schengen area countries including Iceland, Liechtenstein, Norway and Switzerland, but excludes Ireland and Cyprus. British citizens with Withdrawal Agreement residence documents and UK-EU dual citizens using EU passports are exempt from the requirements. On exit, and for subsequent visits to a participating country, travellers will only need to scan their passport and provide either fingerprints or a photograph at the border. Children under 12 will not be fingerprinted but as per the new EU rules, all travellers, including babies, will be photographed and have digital records created. The government has provided £10.5m in funding for border infrastructure at juxtaposed ports including Eurostar at St Pancras, Eurotunnel at Folkestone and the Port of Dover, where processing will occur before departure from the UK.

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