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'.
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.
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.
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You want to appeal the Home Office refusal of your asylum claim but your lawyer tells you they can no longer represent you because your case is not strong enough.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...