Frequently Asked Questions
13. Pursuing an appeal after temporary leave is granted
- The UK Border Agency has granted me leave to remain in the UK exceeding 12 months but I would like to pursue my existing appeal on Refugee Convention or race discrimination grounds. What should I do?
- What happens next?
- Which form do I need to use?
- I lodged my appeal from outside the UK, and I have been granted leave to enter the UK before my appeal is heard. What happens now?
The UK Border Agency has granted me leave to remain in the UK exceeding 12 months but I would like to pursue my existing appeal on Refugee Convention or race discrimination grounds. What should I do?
If the UK Border Agency grants you leave to enter or remain in the UK, they will send you notice of this. The notice informs you that you have 28 days to tell the appropriate court or tribunal whether you want to pursue your appeal on Refugee Convention or race discrimination grounds. These grounds MUST have formed part of your original appeal.
What happens next?
The court or tribunal will assume you wish to abandon your appeal and the hearing date will be cancelled. Action will only be taken to arrange a further hearing if a Notice of Intention to Pursue your Appeal is received.
Your appeal can only be pursued in the following circumstances;
- a. You are currently in the UK and have appealed on the ground that your removal would breach the United Kingdom´s obligations under the Refugee Convention. You have now been granted leave to enter or remain for a period exceeding 12 months but want to pursue your appeal on the Refugee Convention ground.
- b. You are currently in the UK and have appealed on race discrimination grounds. You have now been granted leave to enter or remain but want to pursue your appeal on those grounds.
If you are not sure whether you are eligible to pursue your appeal on Refugee Convention or race relations grounds you should seek legal advice.
If these circumstances apply to you, you may lodge a Notice of Intention to Pursue Appeal. This notice must be sent to the appropriate Court or Tribunal (AIT, High Court, Court of Appeal) that currently holds your appeal. This notice must be received within 28 clear calendar days from your receipt of the notice granting leave to enter or remain in the UK. Day one would be the day after you receive the notice granting leave.
Which form do I need to use?
This depends on the stage your appeal has reached.
If your appeal is currently with the AIT, use the following form: Notice of Intention to Pursue Appeal – rule 18(1A) of the Asylum and Immigration Tribunal (Procedure) Rules 2005.
If your appeal is with the High Court, use the following form: Administrative Court Office: Notice of Intention to Pursue Appeal under CPR 54.36.
If your appeal is with the Court of Appeal, use the following form: Notice of Intention to Pursue Appeal – Court of Appeal
Copies of the Notice of Intention to Pursue Appeal forms can be found on the AIT website, at Forms & Guidance
The relevant Court or Tribunal will acknowledge receipt of your request to pursue your appeal.
If the relevant court receives your request to pursue your appeal out of time, and you contend it was in time, you should seek legal advice from a solicitor or immigration advisor. Please ensure you allow sufficient time for postal service of your notice.
I lodged my appeal from outside the UK, and I have been granted leave to enter the UK before my appeal is heard. What happens now?
Your appeal will continue to be heard before an Immigration Judge unless you write to the AIT to withdraw it. If, however, the Entry Clearance Officer overturns the original refusal decision against which you were appealing then your appeal will be withdrawn.
