How can I appeal?

Decisions of the Directorate of Immigration under the Immigration Act (application for international protection, residency permits, visas, expulsion and removal) can be appealed to the Immigration and Asylum Appeals Board. The Directorate of Immigration provides guidance as to how the decision can be appealed. The time limit for appeals is normally 15 days from the day the decision is served on the applicant. However, if the appellant is an applicant for international protection and is a citizen of a safe country of origin the time limit for appeals is five days. Most appeals are filed at the time of service by marking a box on the service certificate. The appellant can also request a stay of implementation of the decision at the same time and in the same manner. If the appeal is filed later it is normally sent by post or e-mail.

When receiving an appeal by e-mail the Board will confirm receipt. In case no response is received within 30 minutes the appellant is advised to contact the office of the Appeals Board by phone. If the appellant choses to make use of the postal service, to ensure proof of submission of the appeal the Board recommends submission by registered mail. The time limit for appeal is met if the appeal is mailed before the 15-day deadline.

The Immigration and Asylum Appeals Board does not require the appeal to be in a particular format. However, the name and appellant’s date of birth should be stated in the appeal as well as an e-mail address and/or phone number so the appellant can be reached while the appeal is being processed by the Board.

The Icelandic Red Cross and the Ministry of Justice have signed an agreement whereby the former is tasked with representing applicants for international protection while their case is being processed by the authorities. The Icelandic Red Cross can provide further information about the appeal and the procedures before the Appeals Board. The Appeals Board does not require other appellants obtain the assistance of a lawyer. However, as immigration cases can be complex, the Board recommends that appellants obtain advice from an attorney, at least at the early stages of the appeal.