First-tier Tribunal (Immigration and Asylum Chamber) appeal — Article 8 ECHR + refugee

First-tier Tribunal (Immigration and Asylum Chamber) (FTT-IAC) hears appeals against Home Office immigration decisions where a right of appeal arises under s.82 Nationality, Immigration and Asylum Act 2002. This is the SECOND-most common immigration appeal route in the UK.

For [CLIENT_NAME], refused on [REFUSAL_DATE] in [REFUSAL_TYPE] application:

§1 — WHEN APPEAL RIGHT ARISES — s.82 NIAA 2002 (120-150 words)

Right of appeal exists where (s.82(1)):
  ▪ Refugee status refused (s.82(1)(a))
  ▪ Humanitarian protection refused (s.82(1)(b))
  ▪ Decision to deprive of citizenship (s.82(1)(c))
  ▪ Decision under Immigration Rules in human rights claim (s.82(1)(b) read with 84(2))

In practice, FTT-IAC hears appeals on:
  ▪ Article 8 ECHR (family + private life)
  ▪ Article 3 ECHR (inhuman / degrading treatment / death penalty)
  ▪ Refugee Convention (well-founded fear of persecution)
  ▪ Humanitarian protection (Article 15 Qualification Directive)
  ▪ EU Settlement Scheme rejections (from 2020+ UK retained EU law)

NO right of appeal for most PBS refusals (Skilled Worker, Student, etc.) — those go to Administrative Review then Judicial Review.

§2 — TIMING — STRICT (80-100 words)

s.84(1)(a) NIAA 2002 + Tribunal Rules:
  ▪ 14 days from notification of refusal (for in-country applicants)
  ▪ 28 days from notification (for out-of-country applicants)
  ▪ Notification timing: standard notification rules under s.30A Immigration Act 1971 + Immigration Rules

Calculate exact deadline:
  ▪ Refusal date: [REFUSAL_DATE]
  ▪ Notification method (post / email / digital): infer
  ▪ Notification effective date: + 1 or 2 working days for post
  ▪ Appeal deadline: refusal + 14/28 days

Time-extendable only on compelling grounds + Tribunal discretion.

§3 — NOTICE OF APPEAL DRAFT (250-300 words)

"NOTICE OF APPEAL TO FIRST-TIER TRIBUNAL (IMMIGRATION AND ASYLUM CHAMBER)

To: First-tier Tribunal (Immigration and Asylum Chamber)
Appellant: [CLIENT_NAME] (Home Office Reference: [HOR])
Respondent: Secretary of State for the Home Department

NOTICE OF APPEAL under section 82(1) Nationality, Immigration and Asylum Act 2002

DECISION APPEALED
Refusal of [REFUSAL_TYPE] dated [REFUSAL_DATE]

GROUNDS OF APPEAL

Ground 1: Breach of Article 8 ECHR — Right to Respect for Private and Family Life
The decision interferes with the appellant's family life in the United Kingdom in a manner that is disproportionate to the legitimate aim pursued (R (Razgar) v Secretary of State for the Home Department [2004] UKHL 27).

The appellant has established family + private life in the UK:
[Detail FAMILY_LIFE_DETAILS]

The Razgar five-stage test applied:
  (1) Will removal interfere with private/family life? YES — see above
  (2) If so, is interference of sufficient gravity to engage Article 8(1)? YES — interference is real + serious
  (3) Is interference in accordance with law? Accept it follows from refusal
  (4) Pursues legitimate aim under Article 8(2)? Accept the aim is immigration control
  (5) Is the interference proportionate to the legitimate aim? — DISPUTED — see below

The applicant submits that the interference is disproportionate because [GROUNDS_OF_APPEAL — frame against Strasbourg/Supreme Court cases including Agyarko [2017] UKSC 11].

Ground 2: [Additional ground if applicable — e.g. EUSS]
[State ground + supporting cases]

RELIEF SOUGHT
The appellant respectfully requests:
  (a) The decision dated [REFUSAL_DATE] be set aside;
  (b) The matter be remitted to the Secretary of State for re-consideration; OR
  (c) The Tribunal substitute its own decision granting leave to remain under Appendix FM / EUSS;
  (d) Such further or other relief as the Tribunal may deem just.

[Signature, Counsel of record, Date]"

§4 — FTT-IAC HEARING — PRACTICAL (120-150 words)

Hearing typically held:
  ▪ Listed for hearing 6-12 months from filing (slower for complex cases)
  ▪ Hearing usually 1 day, full day if multiple witnesses
  ▪ Held at FTT-IAC hearing centres: London, Birmingham, Manchester, Newcastle, etc.
  ▪ Both parties (Home Office Presenting Officer + applicant + counsel)
  ▪ Witnesses + applicant give evidence
  ▪ Standard of proof: balance of probabilities

Strategy:
  ▪ Engage counsel (counsel for FTT-IAC typically a senior barrister or solicitor advocate)
  ▪ Witness preparation: applicant + family members + supporting witnesses
  ▪ Document bundle: comprehensive — every supporting document indexed + paginated
  ▪ Skeleton argument: legal framework + key cases

§5 — APPEAL RECORDS + REPRESENTATION (80-100 words)

Representation:
  ▪ Self-representation permitted but inadvisable
  ▪ Solicitor or OISC/IAA Level 3 adviser
  ▪ Counsel (barrister) recommended for substantive issues

Fees:
  ▪ FTT-IAC appeal: GBP 140 paper / GBP 80 oral hearing [VERIFY]
  ▪ Counsel: GBP 1,500-10,000+
  ▪ Solicitor fees: GBP 2,000-15,000

Legal Aid:
  ▪ Limited; family cases sometimes covered
  ▪ For most paying clients: private fees

§6 — APPEAL OUTCOMES (80-100 words)

Possible outcomes:
  ▪ ALLOWED — appeal succeeds; remit to Home Office or substitute decision
  ▪ DISMISSED — appeal fails; further routes to UT
  ▪ ALLOWED IN PART — partial relief

After FTT-IAC decision:
  ▪ If allowed: Home Office implements decision
  ▪ If dismissed: applicant has 14 days to seek permission to appeal to Upper Tribunal (UTIAC)
  ▪ UTIAC: limited grounds (error of law)

§7 — INDIAN APPLICANT NOTES (60-80 words)

For Indian applicants:
  ▪ Article 8 family life appeals: spouse + children in UK, established family life
  ▪ Article 8 private life appeals: 20+ years residence in UK
  ▪ EUSS appeals: for those who had pre-Brexit residence
  ▪ Refugee claims: caste-based persecution, religious minority, LGBT+ minority claims

End with: "DRAFT — for OISC/IAA-registered adviser or solicitor review. FTT-IAC appeals are formal tribunal proceedings; engage counsel + solicitor early. Document bundle preparation requires 4-8 weeks. Witnesses (including applicant) need preparation. Standard of proof: balance of probabilities — preserve and present every piece of supporting evidence."