UK Immigration Upper Tribunal Appeal

If your appeal to the First-tier Tribunal (Immigration and Asylum Chamber) is dismissed, you may have the option to appeal to the Upper Tribunal. This involves applying for permission to appeal and, if granted, representing your case at the Upper Tribunal immigration appeal hearing.

Key topics covered include:

• What is the Upper Tribunal?
• How to apply for permission to appeal
• What constitutes an error of law?
• Time limits for appealing
• What happens if permission is granted or refused?
• Next steps after winning or losing an appeal

What is the Upper Tribunal (Immigration and Asylum Chamber)?

The Upper Tribunal is a court above the First-tier Tribunal, which handles appeals on immigration decisions. It focuses on cases related to UK entry clearance, permission to stay, deportation, and judicial reviews of Home Office decisions.

Right of Appeal to the Upper Tribunal

There is no automatic right to appeal. You must first apply for permission to appeal from the Upper Tribunal. If permission is granted, your case will proceed to the Upper Tribunal.

How to Apply for Permission to Appeal

• First-tier Tribunal: You must apply to the First-tier Tribunal first. If they deny your application, you can apply directly to the Upper Tribunal.
• What is an error of law? To apply, you need to show the First-tier Tribunal made a legal error, such as:
  • Incorrectly applying or interpreting immigration rules
  • Failing to consider key evidence
  • Using insufficient evidence
  • Issuing a decision inconsistent with higher courts
  • Following an incorrect procedure

Specialised legal advice may be needed to identify these errors.

Time Limits for Appeals

• To the First-tier Tribunal
  • UK residents: 14 days from receiving the decision's written reasons.
  • Outside the UK: 28 days.
• To the Upper Tribunal (if the First-tier Tribunal refuses):
  • UK residents: 14 days from receiving the refusal notice.
  • Outside the UK: 1 month.

Extensions can be requested if these deadlines are missed.

Upper Tribunal Appeal Fee

There is no fee for appealing to the Upper Tribunal.

If Permission to Appeal is Granted

• Your case will typically be heard to check for errors of law.
• The Upper Tribunal will either:
  • Overturn the decision of the First-tier Tribunal and make a new decision.
  • Remit the case back to the First-tier Tribunal for re-hearing.

If You Win Your Appeal

• If an error of law is found, the Upper Tribunal will either:
  • Make its own decision on the case.
  • Send the case back to the First-tier Tribunal for a new hearing.

If You Lose Your Appeal

• If the Upper Tribunal finds no error of law, the First-tier Tribunal's decision will stand.
• If the Upper Tribunal made an error, you might be able to appeal to the Court of Appeal.

If Permission to Appeal is Refused

• If permission to appeal is denied, you may seek a Cart Judicial Review, challenging the refusal.
• This requires proving an error of law and an important issue to be addressed.

How We Can Help

Our immigration barristers provide expert advice and support at every stage:

• Assessing the merits of your case
• Drafting grounds of appeal
• Representing you at Upper Tribunal hearings

If you're seeking advice or representation for an immigration appeal, contact us directly.