Frequently Asked Questions
5. Refused leave to stay (non asylum)
- I am in the UK and my application has been refused under the points based system, what appeal rights do I have?
- How does the process work?
- How do I lodge an appeal?
- I am in detention. How long do I have to get the form to the AIT?
- I am not in detention. How long do I have to get the form to the AIT?
- How long do you allow for the postal service to deliver the UK Border Agency decision to me?
- My appeal will be late. What should I do?
- My English isn't very good. Can I submit the forms in another language?
I am in the UK and my application has been refused under the points based system, what appeal rights do I have?
Your appeal rights are unaffected and you have full right of appeal to the AIT.
How does the process work?
If the UK Border Agency decide to refuse your application to remain, they will send an appeal form (AIT1) and guidance notes to you with their decision. A copy of an appeal form and guidance notes can be found on the Forms & Guidance section.
How do I lodge an appeal?
To lodge an appeal you must return your appeal form together with any additional supporting documentation to us at:
Asylum and Immigration TribunalPO Box 7866
Loughborough
LE11 2XZ
Fax 01509 221699
You are advised to make copies of the completed form and all documents that support your appeal and keep a copy for yourself.
I am in detention. How long do I have to get the form to the AIT?
If you are in detention we must receive your appeal form within 5 business days (business days mean Monday-Friday, UK holidays do not count as business days) following the day you received the notice of decision.
I am not in detention. How long do I have to get the form to the AIT?
If you are not in detention you have 10 business days (business days means Monday-Friday. UK holidays do not count as business days) from the day you received the notice of decision to get your appeal form to us.
How long do you allow for the postal service to deliver the UK Border Agency decision to me?
The decision will show the date it was sent out. We allow two days for you to receive the notice.
My appeal will be late. What should I do?
If your appeal will not be received by the required date, you must explain why you were not able to submit it in time. You can do this in section 2 of the AIT1 application form. An Immigration Judge will then consider the documents and decide whether there are special circumstances that will allow your appeal to proceed. The Judge will not make a decision on your appeal at that stage. The Judge will only consider if your appeal can proceed.
My English isn't very good. Can I submit the forms in another language?
No. All documents in the appeal process must be written or translated into English. The translations must be signed by the translator to certify that the translation is accurate and the translation attached to the original document. It is your responsibility to make sure documents are translated.
The only exception to this is if any proceedings are to be held in Wales or have a connection with Wales. In those cases you can choose to file documents in Welsh if you prefer to do so.
