A Home Office refusal is not always the end of the matter. Depending on the decision, you may be able to appeal to an independent tribunal, ask for an administrative review, apply for judicial review, or simply apply again. The deadlines are short, so the first step is to read the refusal letter carefully and act quickly.
Appeals and judicial review at a glance
- Who it is for
- You can appeal to the tribunal only if you have a legal right to appeal, such as after a refused protection or human rights claim; your decision letter usually says.
- Where you can apply from
- Administrative review must be asked for from where you applied: in the UK or outside it. Appeal deadlines are 14 days in the UK and 28 outside.
- Money you need
- You pay a fee to appeal and to ask for an administrative review; for an appeal you may not pay if you get asylum support or legal aid.
- Family members
- In an administrative review, you can include a partner or child only if they were dependants on your original application.
- Decision time
- An administrative review currently can take 12 months or more; a tribunal decision is usually sent within 4 weeks after the hearing.
From the official GOV.UK guidance, checked 2 November 2026.
Overview
Which challenge is open to you depends on the type of decision, not on how unfair it feels. The refusal letter says which remedy applies and the deadline.
- Appeal to the First-tier Tribunal: for refusals of human rights claims and protection (asylum) claims, revocation of protection status, EU Settlement Scheme and family permit decisions, frontier worker permit decisions and deprivation of citizenship.
- Administrative review: for most other refusals on listed routes, such as Skilled Worker, Student, Graduate and Global Talent, where you believe the caseworker made a mistake.
- Judicial review: for decisions with no appeal or review, or where the process itself was unlawful. Visit visa refusals and citizenship refusals fall here.
Most ordinary visa refusals carry no right of appeal. A family visa refusal usually does, because it is also a refusal of a human rights claim. Administrative review is no longer available for EU Settlement Scheme decisions, which are appealed instead.
Who this is for
- People refused a family visa, settlement or permission to stay on human rights grounds.
- EU, EEA and Swiss citizens and their families refused status or a family permit.
- Workers, students and graduates refused on a points-based route, and employers whose sponsored workers have been refused.
- Visitors refused a visa, and people whose permission was cancelled at the border.
- People facing removal or deportation, or refused a fresh claim.
Requirements
Appeals
A human rights appeal can only argue that the decision breaches your human rights. EU Settlement Scheme appeals can argue that the decision breaches the Withdrawal Agreement or was not in line with the rules. The appeal must be lodged within 14 days of the decision being sent if you are in the UK, or 28 days from receiving it abroad (or from leaving, if the letter says you must leave first). A late appeal needs a good explanation.
If you lose, you can ask for permission to appeal to the Upper Tribunal on a point of law, within 14 days of the written reasons if you are in the UK, or 28 days from abroad.
Administrative review
Administrative review asks another Home Office caseworker to check whether the rules or guidance were wrongly applied. It is not a second chance to add documents: new evidence is only considered in narrow cases, for example where the caseworker should have asked for a missing document. The deadline is 14 days in the UK, 7 days if you are detained, and 28 days for refusals made outside the UK.
Judicial review
Judicial review asks a judge whether a decision was unlawful, irrational or procedurally unfair, not whether it was right. Most immigration cases go to the Upper Tribunal; challenges to citizenship refusals, or to the rules themselves, go to the Administrative Court. The claim must be received within 3 months of the decision, and you should act promptly. Before issuing, you must normally send the Home Office a pre-action letter.
How the process works
- Read the refusal letter. Note the date, which remedy it offers and your deadline.
- Decide whether to challenge or reapply. If the refusal was caused by a missing document that you now have, a new application is often quicker. If the decision misreads the law or your evidence, a challenge is usually better.
- For an appeal, lodge it online with the tribunal and pay the fee, or claim help with fees.
- For an administrative review, apply online to the Home Office, explaining the error.
- For judicial review, send a pre-action letter and allow the Home Office time to reply, usually 14 days. If it does not withdraw the decision, file the claim with the Upper Tribunal.
- In an appeal, prepare your evidence bundle, witness statements and written arguments by the tribunal's deadlines. The Home Office reviews the case and sometimes withdraws the refusal.
- The hearing takes place in person or by video. The judge decides, usually in writing within 4 weeks.
Costs
Administrative review has a Home Office fee, shown on our UK visa fees page. Tribunal appeals have a fee, lower for a decision on the papers than with a hearing, though many people qualify for help with fees or an exemption. If you win, the judge can order the Home Office to repay it.
Judicial review carries court fees at the application and hearing stages. If you lose, you may also be ordered to pay the Home Office's legal costs, which you must weigh before starting. Reapplying means paying the full application fee and Immigration Health Surcharge again: use our visa cost calculator to compare.
Timescales
- Administrative review: GOV.UK currently says results can take 12 months or more. The Home Office contacts you after 6 months without a decision.
- Tribunal appeal: there is no fixed timetable. Hearings are often many months after the appeal is lodged.
- Judicial review: the Home Office has 21 days to respond once the claim is lodged, and a judge then decides permission. Urgent claims, for example against imminent removal, can be considered the same day.
While an in-time appeal or administrative review is pending, you will not normally be removed, and permission you held when you applied continues.
Common problems
- Missing the deadline. Fourteen days pass quickly, and late appeals are not always admitted.
- Choosing the wrong remedy, such as asking for judicial review when an appeal is available.
- Sending new evidence with an administrative review, where it will usually be ignored.
- Making a new application while a review is pending, which withdraws the review.
- Leaving the UK during an in-country appeal or review, which usually ends it.
- Not raising every ground. New matters can only be considered at appeal with Home Office consent.
How we can help
We read the refusal with you, explain which remedy is open and whether it is worth pursuing, or whether a fresh application is the better course. Where time is short, we lodge the appeal or review first to protect your position.
We prepare grounds of appeal, witness statements, evidence bundles and pre-action letters, deal with the Home Office's review of the case, and instruct a specialist immigration barrister for hearings and judicial review. For refusals on particular routes, see our Human rights claims and EU Settlement Scheme pages, or contact us with your refusal letter.
Frequently asked questions
My visit visa was refused. Can I appeal?
No. Visit visa refusals carry no appeal or administrative review. You can apply again, addressing the reasons for refusal, or in rare cases bring a judicial review.
When does the 14-day deadline start?
If you are in the UK, it runs from the date the Home Office sent you the decision, not from when you read it closely or found a lawyer. From abroad, the 28 days run from when you received it. Contact us as soon as you have the letter, and keep the email or envelope showing when it was sent and when it arrived.
Should I appeal or just apply again?
Reapplying is often faster where the problem was a missing document. An appeal is better where the decision is wrong on the facts or the law, or where reapplying is not possible because you have no current permission.
Can I stay in the UK while I challenge the decision?
Usually yes during an in-time appeal or administrative review. Judicial review does not stop removal by itself, so ask for an urgent order if removal is planned.
What if the tribunal dismisses my appeal?
You can ask for permission to appeal to the Upper Tribunal if the judge made an error of law. Disagreeing with the judge's view of the evidence is not enough.
Is there a fee for a pre-action letter?
There is no court fee at that stage. Some cases end there, if the Home Office agrees to withdraw the decision and decide it again.
This page is general information about UK immigration rules, not legal advice on your circumstances. Home Office fees shown on this page are taken from GOV.UK; the date they were last checked is shown beside them. For advice on your case, request a consultation.
