12 May 2026
12 May 2026
This Factsheet looks at what can be done to help asylum-seekers and refused asylum-seekers when an appeal to the First-tier Tribunal (Asylum Support) (AST) is withdrawn by the Home Office.
If you still have questions or need further information and advice after reading this factsheet, please contact our advice line on 020 3716 0283. It is open Mondays, Wednesdays and Fridays from 2pm to 4pm. Please note, this is a ‘second-tier’ advice line. This means that we can give advice to other advice workers but not to individual clients.
The Home Office may decide, following a case review, that an asylum support decision to refuse or discontinue support was incorrect and should be withdrawn while an appeal is ongoing.
Home Office withdrawals often happen shortly before a hearing, and sometimes on the day itself. This can leave individuals in a state of uncertainty while they await a new decision.
This is particularly problematic in refusal cases, where people remain without accommodation while waiting for the Home Office to issue a fresh decision.
Any new decision made by the Home Office may still stop or refuse support. A withdrawal does not mean support will automatically be granted.
Following an internal review by the judiciary, the AST has clarified the legal effect of Rule 17 of the Tribunal Procedure (First‑tier Tribunal) (Social Entitlement Chamber) Rules 2008.
The Tribunal’s position is now that only the Appellant (the person appealing the decision) can formally withdraw an appeal. The Home Office may withdraw its decision, but this does not automatically bring the appeal proceedings to an end.
When the Tribunal receives notification that the Home Office has withdrawn its decision, it will issue a Directions Notice.
The Directions Notice invites the Appellant to respond within 7 days, confirming whether they wish to:
Withdraw the appeal; or
ask for the appeal to proceed because there is still an outstanding issue
If an individual asks for their appeal to proceed, their response is referred to a Tribunal Judge, who will decide whether the Tribunal has jurisdiction.
The Tribunal may ultimately strike out the appeal under Rule 8(2)(a) because section 103(1)–(2) of the Immigration and Asylum Act 1999 only provides a right of appeal where there is an existing decision. At the time of writing ASAP is not aware of any appeals that have proceeded because of an outstanding issue.
If the Appellant does not respond within 7 days, the appeal will be automatically struck out under Rule 8(1).
Where a hearing has already been listed, it will be postponed so that this process can take place.
Section 6.5 of the Asylum Support: Policy Bulletins Instruction outlines that Home Office’s policy on withdrawing appeals. This policy has not been updated since the change to procedure announced by the Tribunal.
The Tribunal has no power to compel the Home Office to comply with its policy. However, it is reasonable to expect the Home Office to act fairly and adhere to it.
Although the Home Office can withdraw incorrect decisions, the policy stresses that withdrawals at appeal stage should be kept to a minimum.
Where a decision to withdraw is made before 12 noon the day before the hearing, the Home Office should issue a new decision letter and send a copy to the appellant and/or their representative and to the Tribunal. They must arrange or maintain support if the person is now assessed as eligible.
If the Home Office withdraws its decision after 12 noon the day before the hearing:
A Home Office Presenting Officer must attend the hearing and ask the judge for permission to withdraw the appeal.
The Judge should only allow the withdrawal if one of the following applies:
The Home Office confirms the withdrawal in writing and also confirms in writing that the appellant will be granted support immediately; or
The Home Office provides a new written decision refusing or discontinuing support, and the appellant agrees that the hearing can go ahead based on the new decision; or
The Home Office provides a new written decision refusing or discontinuing support, the appellant does not agree to proceed, an adjournment of no more than 14 days should be agreed so that the appellant can prepare their case. In the case where the appellant is on asylum support, this should continue pending the new hearing.
If the Home Office has issued a withdrawal notice in your client’s appeal and they have not received a new decision letter or reinstatement of support letter, it is advisable to contact the Home Office and/or Migrant Help to request this.
If your client receives a new decision to refuse or discontinue support, they can request that the appeal goes ahead.
If no new decision or reinstatement letter is received, inform the Tribunal when responding to the Directions Notice. You should also call ASAP advice line for further support and advice.
Respond to Tribunal Directions Notice within the 7‑day deadline to avoid automatic strike‑out.
Consider whether Home Office has followed section 6.5 of the Asylum Support Policy Bulletins Instruction
If the Home Office repeatedly fails to follow its own policy or delays issuing a fresh decision, the only effective remedy may be judicial review.
Referral to a solicitor specialising in asylum support law is advisable. In many cases, a pre‑action protocol letter may prompt the Home Office to issue a fresh decision or reinstate support.