Can I appeal again if my asylum was refused?
In the instance that your asylum application is refused by the Home Office, you may have an opportunity to launch an appeal for the case to be put to an immigration judge. You will know if such a case of your application has been refused if you receive a refusal letter from the Home Office indicating that your asylum appeal has been denied.
In these instances, for refused asylum seekers, time is of the essence and you must act quickly only you are to seek an opportunity to apply for a first-tier tribunal hearing.
Applying for an appeal can be an intricate process so if possible, it can be beneficial to work alongside a legal representative to add ease to the appeals process.
An application for possible asylum appeals can be made by a lone applicant also. However, a legal representative can offer detailed guidance on how to appeal asylum cases rejected by the Home Office.
What grounds qualify me for an appeal?
It is important to note that not all refused applications can apply for an asylum appeal via the first-tier tribunal. An asylum seeker or a person of refugee status can appeal to the upper third if the Home Office has:
- Refused your protection claim- either an asylum claim or a claim for humanitarian protection
- Revoked your protection status
- Refused your human rights claim
It is essential to ensure you have reasonable grounds for an appeal hearing in federal court before applying.
How do I apply for a first-tier tribunal?
A first tier supreme court is the first court you should appeal to after the Home Office issue you with a refusal. It is important to remember that you are not alone, as unfortunately, a large number of initial applications result in asylum appeals due to a rigorous Home Office decision-making process.
You can acquire the services of an immigration lawyer to apply on behalf of yourself, or you can submit your application within 14 days of receiving your refusal letter should you be unable to pay legal fees. Applicants submitting their request for appeal can do so online by filling in an IAFT5 form along with any other relevant supporting documents, that may be useful to the immigration judge.
Refused asylum seekers should be aware that upon submitting an appeal, further documents and new evidence will likely be required. This further submissions will be used to help support asylum cases when they enter the court to help the immigration judge make their decision.
What happens after I submit my appeal?
After your asylum appeal has been submitted, it is no longer a matter for the Home office, the case is now in the hands of an immigration court.
The immigration court will view your application to the Home Office along with any supporting evidence to support your asylum application form and appeal.
It is important to note that asylum appeals to a first-tier tribunal can take some time to be reviewed. Once a hearing has taken place, you should receive a written decision within 6 weeks. regarding your asylum request.
Immigration appeals can often be delicate and complex, but the financial support and of a skilled immigration attorney can help the appeals process run as smoothly as possible.
What if my first-tier tribunal is refused?
If your asylum appeal has been refused at the first-tier tribunal, you may be able to escalate successful appeal of the asylum claim to the upper tribunal. Confirmation of a lost tribunal will be made via writing to the asylum appeals applicant with a form that allows you to request an upper tribunal review.
The upper tribunal is in place for applicants who feel that a legal mistake has been made by the immigration judge.
For example; if you feel that correct procedures were not followed, the asylum law was not interpreted correctly or if there is not enough evidence to support oral argument against the outcome of the decision letter.
Applications to the upper tribunal made by the person requesting an asylum appeal are to be submitted with the request form and a copy of the decision letter to the courts within 14 days of oral hearing.
If you are a person receiving asylum support from a lawyer, they can also assist you with this stage of the asylum case.
Transparency in Withdrawing Asylum Claims 2023
The updated paragraph 333C clarifies the circumstances for withdrawing asylum claims and strengthens the process to promptly withdraw applications from non-compliant individuals.
It specifies that withdrawn claims won’t be considered, allows flexibility for explicit withdrawals, and places the burden on claimants to keep the Home Office updated with their contact details. Failure to comply may lead to withdrawal of their asylum claim.
These changes aim to focus decision-making resources on genuine asylum claimants in the UK. The changes to the Immigration Rules will be implemented in July and August 2023:
- In July 2023, the changes regarding Asylum including the pause of the differentiation policy took effect.
- All remaining changes will be enforced on 7 August 2023.
How can IAS help?
Applying for an asylum appeal can be an extremely complex matter, with a lot of sensitive or confidential information required for your asylum case to be put before am immigration judge at an appeal hearing. Before the asylum office can grant asylum to a somebody, sufficient written evidence will need to be seen.
IAS pride itself on outstanding service from expert immigration lawyers. Each lawyer has extensive knowledge of the asylum system and can assist you every step of the way with a tailored appeals package, including assistance in an asylum application, legal aid if a tribunal hearing, and further support post asylum grant. It is paramount to select the ideal law firm that specialises in immigration services to support your appeals process, following the correct legal process.
Appealing a refused case without legal aid can prove challenging, so representation from a trained lawyer can prove advantageous in the long run with dedicated asylum support when you need it most.
For further information regarding our appeals package, or for advice on how we can help you please call our team today on 0121 667 6530 .
Last modified on November 22nd, 2023 at 1:14 pm
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