Last reviewed: June 2026 · For use in England & Wales · eLitigant is a Community Interest Company (No. 16566612), not a law firm. Always check the current official form on GOV.UK before you file, and sign the statement of truth yourself.
Please note: this page is an information guide only. eLitigant does not draft immigration or asylum applications and does not provide immigration advice — by law, immigration advice and services may only be provided by a regulated adviser. For help with an immigration or asylum matter, please use a solicitor or an adviser regulated by the Immigration Advice Authority.
Official form & guidance: Form IAFT-5 (Permission to appeal to the Upper Tribunal) →
In short
Form IAFT-5 renews your request for permission to appeal to the Upper Tribunal (Immigration and Asylum Chamber) after the First-tier Tribunal has refused permission. The Upper Tribunal corrects errors of law only — it does not re-hear the facts — so your grounds must pinpoint a specific legal mistake in the determination, the paragraph it appears in, and why it could have changed the outcome. File within the strict deadline (shorter in-country than out), and request an extension with reasons if you are late.
What the form does
IAFT-5 renews a request for permission to appeal to the Upper Tribunal after the First-tier Tribunal has refused permission. Its job is to identify an arguable error of law — not to re-argue the facts.
What strong grounds look like
Each ground should point to a specific legal error in the decision you are challenging, cite the paragraph where it appears, and read the way the Upper Tribunal expects.
Refused permission — the renewal window
Just received the First-tier Tribunal’s refusal of permission? This guide explains what the renewal on IAFT-5 involves. Always check the current deadline first, and seek help from a regulated immigration adviser.
What Form IAFT-5 is
IAFT-5 is the application form used in immigration and asylum appeals to ask the Upper Tribunal (Immigration and Asylum Chamber) for permission to appeal against a decision of the First-tier Tribunal (Immigration and Asylum Chamber). It is the form you use at the second stage of the permission process — after you have already asked the First-tier Tribunal for permission and it has refused, or granted only in part.
The appeal it leads to is not a fresh hearing of your case. The Upper Tribunal does not reconsider whether the original decision-maker reached the right answer on the evidence. Its jurisdiction is to correct points of law. That single principle shapes everything about how an IAFT-5 should be written: the form succeeds or fails on whether it identifies an arguable error of law in the First-tier Tribunal’s determination.
If your underlying case began with a refused application — a visit, work, study or settlement refusal, or a refused refugee family reunion visa — start with our guide to your rights after a UK visa refusal to confirm the right challenge route before committing to the Upper Tribunal stage.
The two-stage permission route
Permission to appeal to the Upper Tribunal is sought in two steps, and IAFT-5 belongs to the second step.
Step one — ask the First-tier Tribunal. You must first apply to the First-tier Tribunal itself for permission to appeal its own decision. This is done on the First-tier Tribunal’s permission application, not on IAFT-5. The First-tier Tribunal can grant permission, refuse it, or grant it on limited grounds.
Step two — renew to the Upper Tribunal on IAFT-5. If the First-tier Tribunal refuses permission (or grants it only in part and you want to pursue the refused grounds), you can renew your application directly to the Upper Tribunal. That renewal is what IAFT-5 is for. You cannot normally go straight to the Upper Tribunal without having first asked the First-tier Tribunal.
The error-of-law test
Because the Upper Tribunal’s role is limited to points of law, your grounds must show that the First-tier Tribunal’s decision contains an arguable legal error that could have made a difference to the outcome. Disagreeing with the conclusion, or wishing more weight had been given to your evidence, is not by itself an error of law.
Recognised categories of legal error commonly include the following. Each must be tied to what the determination actually says.
| Type of error of law | What it looks like in a determination |
|---|---|
| Misdirection in law | The Tribunal applied the wrong legal test, the wrong standard of proof, or the wrong Immigration Rule or provision. |
| Failure to give reasons | The reasoning is so unclear that you cannot tell why you lost on a material issue. |
| Ignoring material evidence | The Tribunal overlooked, or failed to engage with, evidence that was capable of affecting the result. |
| Taking account of irrelevant matters | The decision rests on a factor that was legally irrelevant, or on a finding with no evidential basis. |
| Procedural unfairness | The hearing was conducted unfairly — for example, a point was decided without giving you a chance to address it. |
| Perversity / irrationality | A finding no reasonable Tribunal could have reached on the evidence (a high threshold). |
A strong IAFT-5 ground names the category, points to the exact paragraph of the determination where the error appears, and explains why it was material — that is, why the outcome might have been different without it.
The deadline — and why it matters
The renewal to the Upper Tribunal on IAFT-5 must be made within a strict time limit, which runs from the date you were sent the First-tier Tribunal’s decision refusing permission. The limit is commonly shorter where you are inside the United Kingdom and longer where you are outside it. Time limits in this area are short and unforgiving, so check the current deadline for your situation before you do anything else — do not rely on a figure remembered from elsewhere.
If you are close to the deadline, prioritise filing a complete and properly grounded IAFT-5 in time. Missing the limit does not always end your case, but it shifts the burden onto you to justify the delay, which is a weaker position than filing on time.
If you are out of time
If you cannot meet the deadline, IAFT-5 allows you to apply for an extension of time. You must explain why the application is late and give the reasons for the delay. The Upper Tribunal weighs how long the delay was, why it happened, and whether it would be fair to all parties to admit the late application; it will also consider the merits of the underlying grounds. A late application with a good explanation and a genuinely arguable error of law is in a far stronger position than a late application with neither.
Set out the reason for delay honestly and specifically — what happened, when, and why it prevented timely filing. Vague explanations rarely persuade. If you have supporting evidence for the delay, refer to it.
Completing IAFT-5 section by section
The form’s headings may be updated from time to time, so always work from the current version. In broad terms it asks for the following, and each part rewards precision.
| Part of the form | What to provide |
|---|---|
| Your details | Full name, date of birth, and any Home Office or appeal reference numbers, so the file can be matched to your case. |
| Representative details | Complete only if you have a representative; as a litigant in person you give your own contact details. |
| Decision being challenged | The First-tier Tribunal’s appeal reference and the date of the decision and of the refusal of permission. |
| Whether in or out of time | State clearly whether you are within the deadline. If not, complete the extension-of-time request with your reasons. |
| Grounds of appeal | Your numbered grounds — each identifying a specific error of law, the paragraph it appears in, and why it is material. This is the heart of the application. |
| Whether a hearing is sought | Indicate your preference; the Upper Tribunal decides permission on the papers but may direct otherwise. |
| Documents attached | The First-tier Tribunal’s decision and its refusal of permission, plus any document you rely on for the grounds or for the delay. |
| Statement of truth / signature | Sign and date to confirm the information is true. |
Drafting clear grounds
Grounds are won on clarity. Number each ground separately. Open each with a one-line label of the legal error (for example, “Ground 1 — failure to give adequate reasons on Article 8”). Then quote or pinpoint the paragraph of the determination where the error sits, explain in plain terms why it is wrong as a matter of law, and finish by stating why it could have changed the result. Avoid re-arguing the facts or simply restating your case; the question is not whether you should have won, but whether the Tribunal made a legal mistake.
Keep the tone measured and court-deferential. The Upper Tribunal responds to focused, well-organised grounds, not to length. Two tightly argued grounds usually serve you better than six sprawling ones.
What happens after you file
A judge of the Upper Tribunal considers your IAFT-5, usually on the papers. Permission may be granted on all grounds, granted on some, or refused. If permission is granted, your case proceeds to a hearing on whether the First-tier Tribunal’s decision did contain an error of law and, if so, what should happen to the decision. If permission is refused, the refusal will usually explain why, and there may be limited further options depending on your circumstances — check the current position carefully and act within any time limit that applies.
Is there a fee?
Whether a fee applies to an IAFT-5 application can change. Before you file, check the current fee for permission applications in the Upper Tribunal (Immigration and Asylum Chamber) and whether any fee remission or exemption is available to you. Do not assume the position from another form or an older guide.
Common mistakes to avoid
Treating it as a second chance to argue the facts. The most frequent error is writing grounds that simply repeat the original case. The Upper Tribunal cannot reweigh the evidence; it can only correct legal error.
Missing the deadline by misjudging the date. Time runs from when the refusal of permission was sent, and the in-country and out-of-country limits differ. Check the current deadline rather than estimating.
Vague grounds. “The judge got it wrong” is not a ground. Name the error, cite the paragraph, and explain materiality.
Skipping step one. You normally cannot renew to the Upper Tribunal on IAFT-5 without first having asked the First-tier Tribunal for permission.
Incomplete attachments. Failing to enclose the decision and the refusal of permission slows everything down. Attach the documents the form asks for.
Related Court Forms & Guides
- Form IAFT-1: First-tier Tribunal Immigration Appeal (in-country)
- Immigration Appeal to the First-tier Tribunal (IAC)
- Appeal to the Upper Tribunal
- Judicial Review of an Immigration Decision
- EUSS Appeal: Settled Status Refusal
- Asylum Claim: Statement of Evidence
- Civil Court Forms Index
Frequently asked questions
What is the difference between IAFT-5 and asking the First-tier Tribunal for permission?
You first ask the First-tier Tribunal for permission to appeal its own decision. If that is refused, IAFT-5 is how you renew the request directly to the Upper Tribunal. IAFT-5 is the second stage, not the first.
Can the Upper Tribunal re-hear my case on the facts?
No. The Upper Tribunal’s role at this stage is limited to deciding whether the First-tier Tribunal made an arguable error of law. It is not a fresh hearing of the evidence, so your grounds must identify a legal mistake.
How long do I have to file IAFT-5?
There is a strict time limit running from the date the refusal of permission was sent to you, and it is commonly shorter in-country than out-of-country. Check the current deadline for your circumstances before filing, because the limit is short.
What if I have missed the deadline?
You can ask the Upper Tribunal for an extension of time on the form. You must explain why the application is late. The Tribunal considers the length of and reason for the delay, fairness to both parties, and the strength of your grounds.
Do I need a lawyer to complete IAFT-5?
No. Many people complete IAFT-5 as a litigant in person. What matters is that your grounds clearly identify an error of law. If you want help, use a solicitor or an adviser regulated by the Immigration Advice Authority — by law, only regulated advisers may provide immigration advice and services.
What should my grounds actually say?
Each numbered ground should label the legal error, point to the paragraph of the decision where it appears, explain why it is wrong in law, and state why it could have changed the outcome. Keep it focused and avoid simply re-arguing the facts.
Is there a fee for IAFT-5?
This can change over time. Check the current fee for Upper Tribunal (Immigration and Asylum Chamber) permission applications, and whether you qualify for fee remission, before you file.
eLitigant CIC (No. 16566612) — a community interest company. Not a law firm. This page is an information guide only: eLitigant does not draft immigration or asylum applications and does not provide immigration advice. Always check the current form, fee and deadline before filing.
Form content and official guidance on this page are reproduced or adapted from material published by HM Courts & Tribunals Service on GOV.UK. Contains public sector information licensed under the Open Government Licence v3.0. eLitigant CIC is independent and is not affiliated with, or endorsed by, HM Courts & Tribunals Service or any government department. Always check the current official form on GOV.UK before you file.