Written Submissions in Asylum Appeals

In immigration and asylum appeals heard by the First‑tier Tribunal (Immigration and Asylum Chamber), written submissions play a central role in presenting arguments and focusing the tribunal on the key issues in dispute. Before any oral hearing (if one is held), both parties - especially the appellant - are normally required to provide a written document setting out their legal and factual case in a clear, structured form. These submissions help the judge understand why the Home Office decision is believed to be wrong and what legal principles and evidence support the appellant's case.

This article explains what written submissions are, when and how they must be provided, what they should contain, how the Home Office responds, and why compliance with tribunal rules and practice directions is important in asylum appeals in England and Wales. It is based on current procedural rules and official tribunal practice guidance.

What Are Written Submissions (Appeal Skeleton Arguments)?

In asylum appeals, a written submission commonly takes the form of an Appeal Skeleton Argument (ASA). This is the appellant's written summary of the case, organised in a way that identifies the issues in dispute, explains the factual and legal basis for challenging the Home Office decision, and directs the tribunal to relevant evidence and law.

Written submissions serve three main purposes:

1. They set out the appellant's case in advance of any hearing.
2. They help the judge and respondent understand the contested points of law and fact.
3. They prompt the Home Office to carry out a meaningful review of its decision when responding.

Legal and Procedural Framework

The requirement for written submissions in First‑tier Tribunal appeals is set out in the Tribunal Procedure (First‑tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 and in the Chamber's Practice Direction. The purpose is to promote efficient case management and focus on the principal controversial issues, helping to ensure that appeals are dealt with fairly and justly.

Under these procedural rules:

• Parties may be directed to provide written submissions.
• The appellant normally files an Appeal Skeleton Argument.
• The respondent (usually the Home Office) then reviews and responds in writing.

Deadlines for Written Submissions

Once the Home Office has served its respondent's bundle:

• The appellant must file an Appeal Skeleton Argument (ASA) not later than 28 days after the respondent's bundle is provided, or 42 days after the Notice of Appeal was lodged, whichever is later.
• These timelines give appellants a clear window to prepare a structured response to the refusal decision.

Written submissions are usually uploaded via the MyHMCTS online portal in modern practice.

Content and Structure of an Appeal Skeleton Argument

A properly drafted written submission should:

1. Briefly summarise the appellant's factual case: This sets out the background context of the asylum claim.
2. Provide a schedule of disputed issues: This is a list of specific points where the appellant disagrees with the Home Office's findings.
3. Contain detailed submissions on each issue: These explain why the decision is wrong legally and factually, referencing relevant parts of the evidence or law.

The Practice Direction and tribunal user guides emphasise that:

• Skeleton arguments should be concise and clear.
• They should be set out in numbered paragraphs.
• They should engage with the refusal decision under challenge.
• They should identify evidence and legal principles relied upon but not quote excessively from documents or authorities.

Respondent's Written Review

After the appellant's written submission is filed, the Home Office must undertake a meaningful review of that case:

• Its written response must take into account the appellant's submissions and any additional evidence provided.
• It must then particularise any grounds of refusal it will rely on going forward rather than simply repeating the original refusal reasons.
• The Practice Direction states that pro‑forma or standard responses are not acceptable; the review must engage genuinely with the appellant's arguments.

The respondent's written review clarifies the issues the Home Office maintains are valid, helping the tribunal and the appellant understand the points genuinely in dispute.

Written Submissions and Case Management

Written submissions are central to the tribunal's issues‑based approach:

• They help identify and narrow down the principal controversial issues early in the appeal.
• The judge may use them to manage the case, deciding what evidence is relevant and what matters need to be addressed at any hearing.
• Clear written submissions assist unrepresented appellants to articulate their case effectively, even without legal representation.

If the appeal proceeds without a hearing (“on the papers”), written submissions may form the primary basis of the tribunal's review and decision.

Practical Guidance for Drafting Written Submissions

1. Focus on Key Points

Avoid repeating the entire history of the claim. Concentrate on the specific parts of the Home Office decision you are challenging and explain why they are wrong or insufficient.

2. Reference Evidence Clearly

When you refer to evidence, mention where it appears in the appeal bundle (page or paragraph numbers) so that the judge and respondent can locate it easily.

3. Keep Language Clear

Use plain language and short paragraphs. The tribunal expects written submissions to help it focus on the real issues, so clarity is essential.

4. Include a Schedule of Issues

This list becomes the roadmap for the tribunal and other parties. It should reflect the real points of disagreement with the refusal decision.

5. Follow Format and Length Expectations

The Practice Direction sets expectations for concision and structure, including that key written submissions (such as skeleton arguments) should normally not exceed 12 pages without permission.

Risks of Poor Written Submissions

Failure to comply with deadlines, structure or content requirements can lead to:

• The tribunal focusing on unfavourable aspects of the case.
• The Home Office failing to engage properly, making it harder for the appellant to succeed.
• Procedural difficulties or adjournments that delay resolution of the appeal.

Non‑compliance with the Practice Direction may also attract judicial comment and affect perceptions of the case's strength.

Common Questions

Is an Appeal Skeleton Argument mandatory?
Yes. In most appeals, the tribunal will issue standard directions so that an ASA is required. Even unrepresented appellants are expected to provide similar written submissions.

What if I miss the deadline for written submissions?
You should notify the tribunal promptly and explain why it was not possible to meet the deadline. The judge has discretion to grant extensions, but you must provide a strong justification.

Can other written submissions be filed later?
In some circumstances, parties may seek permission to serve further written submissions, but this generally requires the tribunal's approval and explanation of why the material could not be filed earlier.

Summary

Written submissions are a core procedural step in asylum appeals in England and Wales. They allow the appellant to articulate factual and legal arguments, identify the issues in dispute, and set out the basis for challenging a Home Office decision. Procedure rules and the tribunal's Practice Direction establish clear deadlines and structural expectations for these documents. A well‑prepared written submission helps the tribunal and the respondent understand the case and supports fair and efficient resolution of the appeal.

James William Steven Parker

James is the founder of UKLegalGuides.com and a former agent at the Ministry of Justice (UK). With a background in processing legal claims, he launched this platform to make the laws of England and Wales accessible to everyone.