If your asylum claim has been refused, you may be unsure what happens next. This guide explains how the asylum appeal process works, how long appeals can take, and what the new 24-week target means for you.
You’ll also find information about further appeals, fresh claims and the wider immigration reforms currently before Parliament.
Can you appeal, and how much time do you have?
If the Home Office refuses your asylum claim, your refusal letter will tell you whether you have a right of appeal and whether you must appeal from inside or outside the UK.
Some refusals carry no right of appeal because the Home Office has certified the claim as clearly unfounded. In that situation, judicial review may be your only route. In Scotland, this is heard in the Court of Session. In England, it is heard in the High Court.
Appeal deadlines are strict. You have 14 days from the date you received the decision letter if you’re in the UK, or 28 days from the date you received it if you’re outside the UK.
| Situation | Deadline |
|---|---|
| Appealing from inside the UK | 14 calendar days |
| Appealing from outside the UK | 28 calendar days |
There’s no fee to appeal. If you miss the deadline, you can ask for more time, but you’ll need to explain why. The tribunal doesn’t have to agree.
Getting legal advice soon after a refusal gives you more time to prepare your appeal properly.
The First-tier Tribunal and what happens at your hearing
The First-tier Tribunal (Immigration and Asylum Chamber) hears asylum appeals from across the UK. It’s independent of the Home Office. An independent immigration judge considers your case afresh and decides whether the original decision was wrong.
Hearings usually take place at a tribunal hearing centre, although some may be held remotely.
Once an appeal has been lodged, the Tribunal will give directions setting out the steps that need to be taken and the deadlines for evidence and submissions. The timetable can vary depending on the circumstances of the case.
At the hearing, you’ll have the chance to:
- give evidence
- respond to the reasons for refusal
- present new evidence or information
An interpreter will be arranged if you need one.
You don’t have to face the hearing alone. Having a lawyer present means someone can respond to points as they arise and help make sure your evidence is presented clearly.
In many asylum appeals, an oral hearing can be important because it gives the judge an opportunity to hear directly from the appellant and for disputed evidence to be explored. Whether a hearing is appropriate will depend on the circumstances of the case.
Preparing for your hearing
You and your solicitor should prepare your evidence before the hearing. This may include:
- a witness statement
- relevant medical evidence
- country evidence
- documents translated into English
Tribunal decisions are normally provided in writing. The timing can vary.
The 24-week statutory timeframe and wider reform proposals
From 12 August 2026, the immigration and asylum tribunal has a statutory target to decide certain new appeals within 24 weeks.
This applies specifically to appeals from non-detained foreign national offenders and people on asylum support.
The target comes from the Border Security, Asylum and Immigration Act 2025. It is a significant reduction from the previous average of 67 weeks.
The 24-week target is not a guarantee. The tribunal can depart from it where meeting the target isn’t practical, such as in complex cases requiring detailed expert evidence.
Why has the target been introduced?
The tribunal has a significant backlog. Its open caseload stood at around 156,000 appeals in the quarter to June 2026, with an average clearance time of 72 weeks. Separately, the government’s 24-week target announcement on 14 August 2026 cited a current average wait of 67 weeks for a case to be decided by a judge.
The government has said it is adding judges and sitting days to help clear the backlog. It also has a wider goal of ending the use of asylum hotels within this Parliament.
What other immigration reforms are being proposed?
The Immigration and Asylum Bill 2026 was introduced on 30 June 2026 and had its Commons Second Reading on 13 July 2026. It is not law, and has not received Royal Assent. If passed, it would create a new Independent Immigration Appeals Authority (IIAA), which would eventually replace the First-tier Tribunal for relevant appeals. Existing appeals would continue to be dealt with by the First-tier Tribunal while the IIAA is introduced in phases.
No appeals are currently being decided by the new authority.
We’ll update this guide as the bill progresses.
If your case involves a complex history, such as trafficking or serious trauma, getting advice early means you have more time to prepare the evidence you need, whatever the timetable.
If your appeal is refused: further appeals and fresh claims
An asylum refusal or dismissed appeal isn’t always the final word.
If your appeal is allowed, the tribunal has found that the Home Office’s decision was wrong. The appeal is sometimes described as being “accepted” or “won”, although the tribunal’s own term is “allowed”.
If the judge accepts that you would be at risk if returned, your appeal will be allowed. You may then be granted refugee status, humanitarian protection or another form of protection status.
This is a significant step, but it doesn’t lead directly to British citizenship. Settlement and naturalisation come later, once you meet the relevant residence and other requirements.
What if your appeal is dismissed?
If your appeal is dismissed, you may be able to apply for permission to appeal to the Upper Tribunal if you believe the First-tier Tribunal made an error of law. You must do this within 14 days.
The Upper Tribunal reviews the First-tier Tribunal judge’s decision for legal errors. It does not normally re-hear the facts of your case.
If permission is refused, you may make a further application for permission to appeal directly to the Upper Tribunal, and, if there is an arguable error of law, potentially to the Court of Session. If these routes are unsuccessful or not pursued, the decision generally becomes final and you become “appeal rights exhausted”.
Can you make a fresh claim?
A fresh claim may still be possible if you have genuinely new evidence or arguments.
A further submission may be treated as a fresh claim where the new material, taken together with material previously considered, creates a realistic prospect that an immigration judge would reach a different conclusion.
How Jones Whyte can help
If your asylum claim has been refused, getting legal advice quickly can help you understand your options and meet your appeal deadline.
Our immigration team can assess your refusal, explain what happens next and help you prepare your appeal.
We can:
- review your refusal letter and check your appeal deadline
- help you lodge your appeal correctly and on time
- prepare your witness statement and supporting evidence
- arrange an interpreter if you need one
- help you prepare for your tribunal hearing
- advise you on your options if your appeal is refused, including an Upper Tribunal appeal or fresh claim
Jones Whyte has offices in Glasgow and Edinburgh but can also advise clients remotely across the UK.
Don’t wait until your appeal deadline is approaching. Get in touch with our immigration team today to understand your options and the next steps.
Call us on 0141 375 1222 to discuss your situation in confidence.
Please note: This article is for general information purposes only and does not constitute legal advice. It should not be relied upon as a substitute for professional legal advice tailored to your specific circumstances. If you need advice on a legal matter, get in touch with our team.
