What to do if your asylum claim is denied
If your asylum claim is denied, you are advised to move quickly if you wish to challenge the decision. Below is a step-by-step plan of what you should do if you receive notice of a refused claim.
- Keep the envelope the letter arrived in and write down the date you received it
- Contact your immigration lawyer (if you have one) as soon as you receive the letter
- Carefully read the refusal letter from the Home Office and identify why it failed
- Think about the reasons why it might have failed and refer to the transcript of your asylum interview to double-check the reasons match with the evidence you provided
- Review all the documents you provided the Home Office
- Check that all areas of your claim were considered (under asylum and refugee grounds)
- Can you provide further evidence in support of your claim?
- Identify whether you can appeal the refusal (not all refusals can be appealed)
- Submit your appeal within 14 days of receiving the refusal letter
It is not essential to work with an immigration lawyer if your asylum claim is refused, but you could benefit from the legal expertise, especially if your case is complex.
Going to immigration court can be difficult if you are not an expert in legal advice. However, it is possible to go through the asylum appeals process without a lawyer.
However, if an immigration judge denies your case, you will need legal advice and representation from a lawyer if it goes to a higher immigration court.
We are experienced in all areas of immigration, including asylum claims and appeals. Speak to us if you need support with your claim.
Appealing a refused asylum claim
To understand how the appeals process works, it is important to understand the different stages of an asylum denial and procedures for immigration appeals. This refusal toolkit page outlines everything you need to know in greater detail.
If the Home Office issues a refusal, the claimant should check whether they have the right to appeal. If there is no right to appeal (the claim is certified), then a judicial review may be submitted.
If there is a positive outcome to the judicial review, then the case may proceed to the First-Tier Tribunal. If there is a negative decision at this stage, the removal process may be started.
However, if the claimant does have the right to appeal, they can then submit an appeal to the First-Tier Tribunal.
Following a positive decision, their status may be granted (but the Home Office can appeal the decision). If there is a negative decision at the Tribunal, there may be recourse to other courts (Upper Tribunal or Other Courts).
If a positive decision comes from the Upper Tribunal or another court, the status may then be granted. If there is a negative decision, this means that the asylum claimant’s appeal rights are exhausted.
At this point, there may be the risk of detention by the Home Office, and the removal process may be started unless a fresh claim can be submitted.
How to prepare to appeal a refusal decision
If you find that you have grounds to appeal the refusal, you must prepare the evidence to be submitted as soon as possible.
If you have an immigration lawyer, they can advise you on the documents you need to gather.
The Home Office has a number of internal country guidance notes. These documents provide legal guidance about the state of the country and the likelihood of safety for the claimant if they are returned there.
However, political and social changes occur every day and the situation in your country may have changed since the guidance notes were created.
If there have been changes within your country that have a new impact on your claim, you or your lawyer may be able to demonstrate to the Home Office that it is no longer safe for you to be returned there.
Another route to explore is obtaining expert evidence that your case has merit. This expert may be engaged by your lawyer to provide their knowledge as it pertains to your case.
You may be able to submit objective evidence as part of your appeal. If you can access reliable information about your case that bolsters your version of events, this can be important to include with your appeal.
Examples could be human rights groups in your country or news stories from verified sources.
Submitting an appeal
To submit an appeal based on an unsuccessful asylum claim, follow the below steps.
- Send your appeal form and supporting documents to the Tribunal as soon as possible – they must be received within 14 calendar days from the date of your notice letter
- You may post (First-tier Tribunal (Immigration and Asylum Chamber), PO Box 6987, Leicester, LE1 6ZX), fax (0870 739 4053), or send the form online
- If you have been taken to immigration detention, you may request the appeal form IAFT-5(DIA)
- Submit a copy of your Reasons for Refusal Letter and the Notice of Decision document from the Home Office
- Send any additional relevant information, expert opinions, witness statements, and a letter outlining the basis for your appeal against the Home Office decision
- Identify whether you need to pay a fee for the submission of your appeal
You have the option to choose whether your case is heard at an oral hearing or ‘on the papers’ (i.e., without you being present). It is likely a better option to request an oral hearing.
After you have submitted the appeal, you will be notified of the date you should attend the hearing. As the hearings take place in public, you can request a closed one in advance if the reason why you claimed asylum is sensitive.
How can Birmingham Immigration Lawyers help you?
Our immigration lawyers understand the devastation that can come when your asylum claim is refused. We know the importance of securing your immigration status and living in safety.
We listen closely to your case, understand the relevant facts, and advise you on the best course of action based on your circumstances.
Working with a dedicated immigration lawyer means that you have access to legal experts who understand the UK asylum system and know how to help you submit the strongest possible claim or appeal.
If you are receiving asylum support, we can advise on whether this will continue depending on the outcome of your appeal.
We have a proven track record of working with individuals who have submitted an asylum claim. We want to ensure that you are given every possible legal support with your case and we work tirelessly on your behalf.
For immediate help and advice with claiming asylum or humanitarian protection, contact us today on 0121 667 6530 or use the online contact form and we will call you back.
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