1. What are out-of-country appeals?
When the Home Office refuses an immigration or asylum claim, they may certify it and deny the right to appeal from inside the UK. This guide deals with both asylum (“protection”) claims and human rights claims.
Instead, you are given the “right” to an out-of-country appeal, meaning that you may be removed/deported before the appeals process. You would then have 28 days (from the date of removal) to lodge an appeal from the country you are removed to.
The Home Office say that when the tribunal considers the appeal of the person removed, the appeal will be considered as if the appellant had not been removed from the UK. However, you will be unable to be physically present at the hearing (unless you are an EEA national). It is expected that you will be present via video-link.
You will only be able to appeal from within the UK if you can demonstrate that you/your partner or children are likely to suffer from a “real risk” of “serious irreversible harm”, or that it will be a breach of your human rights if they are removed (see the challenging out-of-country appeals section below)