It is natural for applicants to wonder what happens if asylum is denied in the UK or what happens after appeal is allowed. It is crucial to not lose hope at this stage, as there are some options left to resolve the situation. The process, however, is tricky and has lots of different aspects to it. Therefore, it is vital to study the subject in detail before taking any following actions.
How can you appeal against a decision to refuse asylum?
You can only apply for asylum in the United Kingdom while you are in the country. The Home Office scrupulously studies the applications and the results of the interviews. Unfortunately, many applicants get rejected for different reasons. The good news is that it is possible to appeal the decision and obtain the desired rights to stay in the country.
The appeals are submitted with the help of the IAFT-5. It is a form designed for this particular case. The document may be filled out and submitted online or in paper. Upon submission, the appeal will be registered and the applicant will be assigned with a special registration number, which will be used in all further interactions with the authorities.
How much time do you have to make an appeal for asylum?
Refused asylum seekers in the UK have to act within a relatively short time frame. The general rule is that it is possible to submit an appeal within two weeks. This period starts as soon as the rejection of the initial application is issued by the authorities. The date will be displayed on the rejection letter, so it is important to quickly take corresponding actions after acknowledging it.
Submitting an appeal after missing the deadline is possible. In such a case, it will also be necessary to give a reasonable explanation for failing to submit it in time. If the Home Office won’t be satisfied with the explanation, the appeal won’t go any further.
Appeals to the First Tier Tribunal
The first stage of the asylum appeal procedure implies interacting with the First Tier Tribunal or FTT. Along with the IAFT-5 form, it will also be necessary to provide the FTT with the corresponding supporting documents. The asylum seekers have two options at this point: it is either possible to ask the FTT to perform a simple review of the form and the documents, or to have a hearing that your lawyer would be able to attend.
It is worth mentioning that the FTT may schedule a hearing even when it was asked otherwise. The person is not obliged to submit all the documents instantly, in case there will be a hearing. There may be a significant delay before the hearing. Some people have to wait for months to attend the court.
What happens after your asylum appeal is heard at the First Tier Tribunal?
At this stage, it is either possible to have the application approved or to have the asylum appeal refused. In the latter case, the original decision remains active. Otherwise, the appeal is allowed and the process may continue. It is vital to understand that a positive decision from the FTT does not guarantee asylum. Nevertheless, it is an important stage of the procedure.
Essentially, it means the court considers the appeal worth further reviewing. In such a case, the Home Office is obliged to reconsider its decision to refuse asylum. It is worth mentioning that the Home Office is capable of appealing the decision of the FTT. It is also worth considering that the person may be forced to cover the fees of the Home Office, in case their actions are found to be unreasonable. The same applies to the asylum seeker: they are also capable of demanding the Home Office to cover their legal fees. The asylum appeal decision time is usually within six weeks.
Appeals to the Upper Tribunal
In case the FTT issued a negative asylum appeal decision, there is still an option to change it. The person is capable of appealing to the Upper Tribunal, which is the last instance that can resolve the issue. Reasonably, it is only possible to get a positive decision from the Upper Tribunal, in case the consideration of the FTT was genuinely incorrect.
The first case, in which such an appeal should be made is when the First Tier Tribunal applied the incorrect law while making the decision or when it failed to interpret it correctly. The second situation that may be resolved by the Upper Tribunal is when the FTT did not follow the precise legal procedures associated with the process. Last but not least, the appeal should be submitted when the FTT did not have enough evidence behind the negative decision it made.
Similarly to the first stage of submitting the appeal, there is a fixed time frame for interacting with the Upper Tribunal. For people who are still in the United Kingdom when the decision is made, the time frame remains the same, fourteen days. The procedure implies that the asylum seeker could have left the country by the time the decision was made. In such a case, they will be given twice as much time, twenty-eight days.
How can we help?
The solicitors at Sterling Law are always ready to help out asylum seekers in the United Kingdom. Our professional lawyers can provide the required assistance on any stage of the process, from filing the initial asylum application to taking the case to the Upper Tribunal. We have already helped thousands of refugees to legally reside in the United Kingdom. Hundreds of those cases were won through appeals to initial decisions made by the Home Office. The list includes a variety of unique difficult cases.
Our immigration lawyers are capable of submitting the First Tier Tribunal appeal on your behalf, or providing you with all the guidance needed to successfully finish the process. Our office is located in London, and we are always ready to provide a consultation. Another option is to have a consultation online, in case you haven’t arrived in the United Kingdom yet. We will scrupulously study your case and present you with the route that would grant you the best chances of being approved.