Seeking Refuge? - Rights of Women

The case-owner may decide that you are not
entitled to Refugee Leave, and instead give you
another form of protection, for example
Humanitarian Protection or Discretionary Leave.
Alternatively, the case-owner may decide that you
are not entitled to any form of protection and
refuse your application.
You may be able to appeal against a decision to
refuse you protection, or to give you a form of
protection that is different to what you applied
for, to the Asylum and Immigration Tribunal
(the AIT). You should seek legal advice from your
legal representative on whether or not you can
appeal against a decision.
Appealing to the Asylum and
Immigration Tribunal
Appeals against initial decisions are heard by
Immigration Judges in the AIT who may be
accompanied by non-legal members of the
tribunal. Immigration Judges and non-legal
members are independent of the UK Border
Agency and the Home Office.
As the person appealing against the decision, you
will be referred to as the appellant while the
Home Office is the respondent. You are both
parties to the proceedings, which are controlled
by the Immigration Judge. The hearing is the
investigation that takes place before an
Immigration Judge at the AIT, to decide whether
or not you are entitled to protection in the UK.
Decisions in appeals are given in writing and
called determinations. The Immigration Judge
will decide whether the appeal against the
decision is successful or not. This is known as the
decision being allowed or dismissed.
You can find out more about the AIT by
visiting their website: www.ait.gov.uk
The rules setting out the procedure for
appeals are the Asylum and Immigration
Tribunal (Procedure) Rules 2005 you can
read them here: www.opsi.gov.uk/si/
si2005/20050230.htm
The purpose of the Procedure Rules is to
ensure that appeals are dealt with as “fairly,
quickly and efficiently as possible” (Rule 4).
What are my chances of success
on appeal?
Your legal representative will be able to advise you
on the strengths and weaknesses of your case on
appeal.
However, many people whose applications are
refused initially by the UK Border Agency are
given a form of protection on appeal. For
example, in the last three months of 2008, 70%
of applications decided by the UK Border Agency
under the New Asylum Model were refused. 19%
of applicants were given Refugee Leave and 11%
were granted Humanitarian Protection or
Discretionary Leave. Of those who appealed
against a refusal to the AIT, 25% were
successful 25 .
How do I appeal to the Asylum
and Immigration Tribunal?
The letter from the UK Border Agency that sets
out their decision to refuse you protection will
include information about how you can appeal
against the decision and a form to enable you to
do this.
People who are represented at their appeals by a
qualified solicitor, barrister or immigration
representative have a much better chance of
being successful in their appeal than those who
do not. As soon as you receive your decision from
the UK Border Agency you should get legal advice
on what it means and how to appeal. The AIT is
unlikely to postpone (put back) your appeal
because you have not found legal representation
in time.
The appeal form must be completed in full and
sent to the AIT within 10 working days of the
date of the refusal decision letter. If you are in
detention or have to appeal your decision from
outside of the UK, different time limits apply (see
below). You must also include the Home Office
decision letter with the completed notice of
appeal. Your legal representative will complete the
notice of appeal for you and ensure that the
correct procedure for appealing against the
decision is followed.
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