Appealing an Unsuccessful Asylum Decision

As a niche Manchester-based law firm specialising in immigration law, we regularly advise clients throughout the North West and the UK on human rights and refugee law issues. Our lawyers draw on many years’ experience to provide clear, realistic legal advice on seeking protection under refugee and human rights Conventions.

If your asylum claim fails, and is refused by the Home Office, you should be granted the right to appeal the decision to the independent Immigration and Asylum Chamber of the First-tier Tribunal. You must make sure that your appeal is lodged within the given deadline (usually 14 days). If you try to lodge your appeal late, you will need a good reason of the tribunal might reject the appeal.

Once your appeal is lodged, you will receive you appeal number and some initial directions (like instructions) from the tribunal. Usually, the Home Office is required to provide a full bundle of all the evidence they looked at when they refused your claim. Once they have done this, or if they fail to do this, you will need to provide a bundle of any new evidence you want the tribunal to look at.

In practice, it makes sense to put everything in your bundle – the evidence you sent to the Home Office AND any new evidence you have – because the Home Office bundles are often not appropriate.

It may take more than six months before your appeal is heard by the tribunal but that time passes quickly and you should use it to gain extra evidence to support your claim. You can use the Home Office refusal decision as a guide. For example, if they thought evidence was missing, get it. If they wanted to see evidence from a particular person, get them to provide a statement. And if they thought something needed explaining, explain it.

The hearing will be before an independent judge. They will have read the evidence before the hearing but they will also listen to the evidence presented at the hearing, including those involving witnesses.

Normally, the Home Office sends a representative known as a presenting officer (PO) to the hearing. The PO will ask you a lot of questions and they will then explain to the judge why the appeal should not succeed (i.e. why the judge should agree with the Home Office’s refusal decision). After the PO has had a turn, you can then talk to the judge, or instruct one your expert solicitor who will explain why your appeal should succeed.

Our expert solicitors have many years of experiencing preparing and presenting appeals. We are frequently told by judges that they enjoy our appeals because they know, just by seeing Latitude Law, that the evidence will be clear and well presented.

Our experts

What our clients say…

Stalled EU Settlement Scheme application

Just to thank you all for the help given with Bodil's EU Settlement Scheme application, which came through in the last few days.

A good friend of ours once said: "People do not employ lawyers because they help; they employ them because they make a difference".

I'm convinced that referral to Latitude did jolt the Home Office into progressing consideration of the application, and it made all the difference.

T & B.

Allowed Appeal

To Gemma and the team, Thank you very much for your amazing job done. You are life savers.

Four British passports

The British passports of my four children successfully reached us this week.

I wanted to thank the Latitude Law Firm for the constant professional support provided to us throughout the process. Your services have been helpful for us at each stage of the process. We would be happy to hire you again in the future for the process of my husband, and would also recommend your firm to others around us.

Lastly, I would like to take this opportunity to appreciate the hard work of Joel Reiss towards the successful completion of our case. His support for all of us from day 1 till the very last day has been commendable. Me and my children are very thankful to him for the smooth execution.

Looking forward to hiring the firm for our next case as well.

All content on this page was reviewed by Latitude Law and is accurate as of 11/10/2022