How can I appeal?

Decisions by the Directorate of Immigration and the police under the Foreign Nationals Act (international protection, residence permits, visa refusals, expulsion, and deportation) are appealable to the Immigration Appeals Board. The Directorate of Immigration and the police provide guidance in their decisions on how to appeal a decision. The appeal period is generally 15 days from the date the decision is issued. If the appeal concerns an application for international protection and the appellant comes from a safe country of origin, the appeal period is five days.

 

If an appeal is sent by email, the Appeals Board confirms receipt of the email.

 

The Immigration Appeals Board does not require a specific format for appeals. However, it is necessary for the appellant’s full name and address to be included in the appeal, as well as their email and/or phone number, so that the appellant can be contacted while the case is being processed by the board.

 

The Appeals Board does not require appellants to have legal representation, but since cases can be complex, it is advisable for appellants to seek advice from a legal professional, at least in the initial stages of the case.

 

General Guidelines for Appellants and Their Representatives

 

An appeal can be sent to the Immigration Appeals Board at postur@knu.is or via Signet transfer.

 

The appeal must include:

 

  • Full name of the appellant
  • Date of birth
  • Nationality, and receiving country if applicable
  • If appealing on behalf of a family, it’s good to indicate family structure, e.g., by adding in parentheses after the full name whether it’s for a father, mother, or child. In such cases, it’s sufficient to send one email for the appeal, provided all appellants’ names are included.
  • The type of decision being appealed, such as:
    • Rejection of processing an application for international protection under paragraph 1, article 36 of the Foreign Nationals Act (status, Dublin, or safe third country) and which receiving country it is,
    • Rejection of an application for international protection,
    • Rejection of a residence permit application,
    • Rejection of a visa endorsement application,
    • Decision on expulsion, or
    • Decision on deportation.

 

An authorization or appointment letter from a representative must accompany the appeal.

 

The Appeals Board obtains all case documents from the Directorate of Immigration, so there is no need to send those documents with the appeal or statement. If the appellant wishes to base their case on specific evidence or submit further documents, these can be sent by email or via Signet transfer.

 

Statement Deadline

 

Once an appeal is received by the Appeals Board, a deadline for submitting a statement is usually granted. The procedural rules, which can be found on the board’s website here, provide information on these deadlines.

 

Statement

 

It is desirable for the statement to highlight the main points of the case and provide arguments for the appellant’s main points. The statement can be sent to the Appeals Board at postur@knu.is or via Signet transfer; there is no need to also send it by mail.

 

If documents are to be submitted with the statement, they can be sent in the same way; original documents can be brought to the board’s office on the 1st floor at Skúlagata 17.

 

Suspension of Legal Effects

 

In cases where a final decision has been made at the administrative level for an individual to leave the country, one can request a suspension of the legal effects to take the matter to court. Such a request must be received by the Appeals Board within 7 days of the decision being issued. No statement deadline is granted, so it’s important that both the argumentation and supporting evidence are submitted with the request. The decision to suspend legal effects is made by one board member based on the law. It is recommended not to mix requests for suspension of legal effects with requests for reopening or repeated applications as they are quite different.

 

Reopening

 

A request for reopening can be made at any time, but it should be noted that such a request does not suspend legal effects. No statement deadline is granted, so it’s important that both the argumentation and supporting evidence are submitted with the request. Requests for reopening are handled at a meeting of the Board.

 

Repeated Applications for International Protection

 

The provisions of the Administrative Procedure Act regarding reopening do not apply to decisions concerning international protection. In such cases, Article 35a of the Foreign Nationals Act applies to repeated applications for international protection. A repeated application must be directed to the authority that made the decision which is being re-evaluated, and the application does not suspend the legal effects of the previous decision. However, it is permissible to suspend the legal effects of the previous decision if the applicant has requested this alongside submitting the repeated application and has demonstrated a pressing need to delay enforcement. No statement deadline is granted for repeated applications, so it’s important that both the argumentation and supporting evidence are submitted with the request. The decision on a repeated application is made by one board member based on the law.

 

Notifications

 

According to Article 44 of Regulation No. 540/2017 on Foreign Nationals, the Directorate of Immigration and the Immigration Appeals Board are allowed to issue decisions under the Foreign Nationals Act electronically. Therefore, the Appeals Board sends all its decisions regarding international protection to representatives via Signet transfer. Other decisions are sent via Signet transfer to representatives or by email to the appellant as applicable.

 

Decisions of the Appeals Board
 
Previous decisions by the Appeals Board are available on the government’s decision website at www.urskurdir.is.