Submit Appeal
If the Home Office refuses your asylum claim, you may have the right to challenge that decision (say you do not agree with the decision) by doing something called an appeal. You make the appeal through the First-tier Tribunal, which is a type of court that is independent from (not connected to) the Home Office.
First, you must ask for permission to appeal. Your lawyer will fill out and send a form asking for permission to appeal to the court (called the First-tier Tribunal) within 14 days of being told the Home Office has refused your asylum claim. If you are outside of the UK, you have to ask for permission within 1 month. There is no fee to appeal.
Your lawyer will prepare and submit the appeal form for you. The form needs to be sent to the court (the Tribunal) within 14 days of being told the Home Office has refused your asylum claim.
In this form, your lawyer will say why the Home Office was wrong to refuse your asylum claim and they will need to provide evidence (documents, proof, information) to show that you need to be given the right to stay in the UK. You must also say if you want an oral hearing or not. An oral hearing means you will give evidence and speak to the judge directly, rather than just looking at your papers.
If your permission to appeal is refused, you can apply to the Upper Tribunal (a higher court) for permission.
Problems & Actions
Problem 1
The Home Office says your claim is 'clearly unfounded'. They say you cannot challenge their refusal of your asylum claim.
Action 1
You can challenge the Home Office not allowing you to appeal through a legal process called a 'judicial review'.
Action 1
If the Home Office decides you cannot challenge their refusal of your asylum claim (you do not have the right to appeal in the UK), this means the Home Office thinks that there is no chance your case will succeed at the First-Tier Tribunal. They say this if they think your country is safe and you do not need any protection from the UK. You can challenge the Home Office not allowing you to appeal through a legal process called a ‘judicial review’. This is a form of legal challenge that is different from an appeal, as it looks at the way a decision was made rather than whether the decision was correct. Read more at the Judicial Reviews section of the Right to Remain Toolkit. If you are in this situation and are from Albania, have a look at the information here.
Problem 2
Your lawyer tells you that you don't need to appeal the Home Office refusal of your asylum claim because you've got UASC leave anyway.
Action 2
Try and speak to another lawyer about appealing the Home Office refusal of your asylum claim - UASC leave is a refusal of your claim.
Action 2
UASC leave is a refusal and is not as good immigration status as Refugee Status or Humanitarian Protection (the kind of leave the Home Office grants if they believe you would be in danger in your home country). It is limited leave until you are 17.5 years old (if not extended in time) and needs to be appealed. Try and speak to another lawyer about appealing the Home Office refusal of your asylum claim.
Problem 3
You want to change your lawyer
Action 3
If your lawyer does not want to appeal a refusal from the Home Office or if you are not happy about your choice of lawyer, you can lodge a complaint with the lawyer's firm.
Action 3
You can also choose to instruct another lawyer and speak to them about the refusal of your asylum claim. However, a transfer should be done in good time before any deadlines or appeal dates so as to avoid delays with your claim. You will also have to explain to the Legal Aid Agency (those who are paying for your clam) the reason for the transfer to a new lawyer. An advocate or your foster carer or key worker can help you do this.
Problem 4
You want to appeal the Home Office refusal of your asylum claim but your lawyer tells you they can no longer represent you because your case is not strong enough.
Action 4
Think about how to explain to another lawyer why you need to stay in the UK and how you might be able to prove you are telling the truth...
Action 4
Speak to an adult you trust about why the Home Office has refused your asylum claim (you can look together at your refusal letter to see the Home Office’s reasons for refusing your claim). If your lawyer does not want to take on your appeal because they say you have failed the ‘merit test’ (the test that says whether your appeal has a chance to be successful), you can get a second opinion from another lawyer. You may pass the ‘merit test’ with them. A lawyer should always give you the reason for refusal to take on your case in writing. You have the right to appeal this decision and your lawyer should offer you some help to complete the appeal form (the form is called CW4. See this website for more information).