No asylum support? What can you do about it?

Has BIA turned down your application for support? Or did you get support in the past but BIA has now stopped it? If so, you might have a right of appeal. In this section we explain who has the right to appeal and how to go about it.

BIA refuses to give you support

If you apply for support but BIA say that you don't meet the criteria (see Can I get asylum support?) you will have a right of appeal. This includes both asylum seekers who make a claim for support after they make an asylum claim, and failed asylum seekers who apply for Section 4 support. BIA will write to you explaining why you've been refused.

BIA stops your support

If BIA decides to take away your support before you've received a final decision on your asylum claim, you will also have the right to appeal.


BIA can stop your support if they decide you no longer meet the criteria. For example they may say that you are no longer destitute, or that they believe you have broken one of the rules under which asylum support is given. This includes things like not giving BIA all the information they asked for, damaging the house you live in, staying away from your accommodation for more than seven days without informing BIA, working while getting support etc. You should have got a copy of these rules when you first received your BIA support.

If you think that you still meet the criteria and that you haven't broken any of the rules you can make an appeal against BIA.

Appeals against BIA

Appeals against BIA are known as asylum support appeals. These appeals are heard by a special tribunal based in Croydon called the Asylum Support Tribunal (AST). The AST are independent from the Home Office and the adjudicators are qualified lawyers. See 'Links to other websites' to the right of this page for a link to their website.

How to appeal

If BIA decide to refuse you support, or to withdraw your support while you may still be entitled to it, they will write you a letter explaining their reasons. With this letter you should also receive an appeal form known as a Notice of Appeal. You will have five days from the date on the BIA letter to appeal. It is very important to fill this form in correctly as AST will not accept it if there is information missing. If you need help completing the appeal form you can go to your nearest one stop services (see 'Links to other websites, to the right of this page, for a list).

Your appeal will be heard by an adjudicator about ten days after you send in your appeal form. Adjudicators are independent and their job is to decide whether BIA was correct in refusing you support.

If you do not want to go to the hearing, or it would be too difficult for you to go because you have an illness or disability, you can ask the adjudicator to make his decision based on the papers you, and any of your representatives, have given to the court. If the adjudicator doesn't think they can make a decision from the information in the papers alone, they will write to you (and your representative if you have one) to ask you to come to the hearing instead.

Whether you choose to go to the hearing or the adjudicator has asked you to go, it will give you a chance to tell the adjudicator your side of the story and the reason you think BIA made the wrong the decision. BIA will provide you with travel tickets to Croydon and, if you live far outside London, overnight accommodation.

What happens at the hearing?

It is important that you arrive at the court at least an hour before your hearing. This means that you will be able to get any free legal advice that is available on the day. A charity called Asylum Support Appeals Project (ASAP) offers free legal advice and help on Mondays, Tuesdays and Thursdays. If your hearing is taking place on either of these days tell the receptionist that you would like ASAP to help you.

The adjudicator will be at the hearing. There will also be a person from BIA and their job is to say why the decision to refuse or take away your support is correct.

If you have requested one on your Notice of Appeal form, there will also be an independent interpreter. Their job is to help you by translating everything that is said in the court including what you say.

At the start of the hearing the adjudicator will explain what is going to happen during the hearing. They will also make sure that you speak the same language and dialect as the interpreter and that you understand each other.

BIA will then tell the court about your asylum application and explain the reason why they think you are not entitled to support.

It will then be your turn. If you have a legal representative their job is to ask you questions about your living conditions and show why you are entitled to support. If you don’t have a representative you will be asked these questions by BIA. The adjudicator may also ask you questions and this is usually to make sure that they have all the information they need before they make a decision.

Appeal decision

At the end of your hearing the adjudicator will make one of three decisions:

• They can allow your appeal which means that you are entitled to asylum support

• they can send your appeal back to BIA (called remitting your appeal) asking them to reconsider your application
• they can dismiss your appeal which means that you are not entitled to support.
  If your appeal is remitted back to BIA and BIA again refuse to support you, you have another right to appeal.

If you have been refused support from BIA and your circumstances have changed you can re-apply for BIA support. If this happens contact your local one stop services for advice.

If your appeal is dismissed

If your appeal is dismissed you will be in a very difficult situation. You will get no more help from the government but in some parts of the country there are charities, community groups and churches who try to help asylum seekers like you. Your nearest one stop service should be able to give you the details of organisations you who might be able to help.

June 2007