Permission to Appeal to the FrT for Appeal to the UT

Permission to Appeal to the First Tier Tribunal for Appeal to the Upper Tribunal (Asylum & Immigration)

In an immigration appeal, there may be three courses of action that the Ld. Immigration Judge of the First Tier Tribunal (Asylum & Immigration Chamber) may take:

He may allow the appeal

He may dismiss the appeal

The matter may be remitted to the Home office for reconsideration.

If the immigration appeal is allowed, it means that the appellant has been successful in the immigration appeal and the home office will then take steps to implement the Ld. Immigration judge’s decision, if it considers no merits in making permission application against the decision of the Ld. Immigration Judge.

If the immigration appeal is dismissed, it means that the appellant has not been successful in his appeal and has a right to seek permission to appeal from the First Tier Tribunal for appeal to the Upper Tribunal (UT).

The Ld. Immigration Judge may also remit the matter back to the Home office for a fresh decision. This will result in the making of a fresh decision by the home office and another right of appeal, if the refusal decision is maintained for some other reason.

Whatever the decision may be, the Ld. Immigration Judge gives a detailed and reasoned decision of the Immigration Appeal and should that be a dismissal, it needs to be looked into carefully to assess the merits of going further in the appeal process.

Time to Lodge Permission Applications for Appeals to the First Tribunal for Appeal to the Upper Tribunal

In an immigration appeal, there may be three courses of action that the Ld. Immigration Judge of the First Tier Tribunal (Asylum & Immigration Chamber) may take:

All in-country applicants are given 14 calendar days to lodge permission applications for appeals to the First Tier Tribunal for Appeal to the Upper Tribunal (Immigration & Asylum Chamber). The Immigration Tribunals are quite strict in adherence to the deadline of 14 days and one has to give a good reason, in case of any delays.

All out-country applicants are given 28 calendar days to lodge permission applications for appeals to the First Tier Tribunal for Appeal to the Upper Tribunal (Immigration & Asylum Chamber). The Immigration Tribunals are quite strict in adherence to the deadline of 28 days and one has to give a good reason, in case of any delays.

Grounds of Permission to Appeal

One has to carefully consider and draft the grounds on which he or she may rely in their permission applications for appeals to the First Tier Tribunal for Appeal to the Upper Tribunal (Immigration & Asylum Chamber). The main point here is to identify an error of law in the determination of the Ld. Immigration Judge who must have given a detailed and reasoned decision of the appeal. One has to see whether the Ld. Immigration Judge has made a fair decision in the light of the relevant law, rules or regulations with reference to the decisions of the Upper Tribunal or the higher courts. It requires a wealth of expertise and experience to draft good grounds in such matters enhancing the chances of success.

Outcome of the Permission Application

The Tribunal will consider the grounds of permission to appeal carefully and may take one of the following actions:

Grant permission to Appeal to the UT on all grounds

Grant permission to Appeal to the UT on one or more grounds

Refuse permission to Appeal to the UT

If permission is granted on all or limited grounds, the matter is then scheduled for a court hearing at the Upper Tribunal and both the parties are issued with specific directions for the preparation of the court hearing in the Upper Tribunal. If the permission is refused then the appellant may then apply for permission to appeal to the Upper Tribunal directly.

Court Hearings at the Upper Tribunal

Once permissions is granted, the matter is listed for hearing at the Upper Tribunal and we then prepare for the court hearing, which includes responding to the Rule 24 response of the home office, complying with the directions issued by the Tribunal, preparing bundle for the hearing and a brief for the counsel.

Here comes the job of the Immigration Barristers once again and we really trust our barristers in arguing the legal flaws in the decision of the First Tier Tribunal, and have won several appeals for our clients. Working in liaison with our Immigration Barristers allows them to have a deep insight in the matter and to prepare themselves accordingly. It is equally important to prepare the client for the hearing at the Upper Tribunal, advising them on what to expect on the court hearing and how to handle any unexpected questions.

Why Chauhan Solicitors?

We are a city law firm, specialising in UK Immigration matters. We are located in Central London and South West London (Tooting), therefore conveniently accessible to Londoners and clients in other parts of the UK. Moreover since all the UK immigration Applications can be submitted online, it has become easier for us to take instructions from anywhere in the world.

According to our clients, we are one of the Best Immigration Solicitors in London. We invite you to view our online reviews shown below that would allow you make an informed choice when instructing on of the best immigration solicitors of London to represent you.

How We Can Help You?

No two immigration matters can be the same. We have a tailor make solution for every immigration matter and in order to achieve the best outcome we follow a strict strategy i.e.

A) Assessment of your Immigration Matter: We carefully asses merits of your intended visa application, further leave to remain, immigration appeal, Judicial Review or any other immigration matter, as the case may be.

B) Immigration Advice: Upon assessment of your matter, we advise you on the most appropriate way forward by keeping in view your personal circumstances and the relevant law.

C) Engagement of Our Immigration Services: Once engaged, we shall provide you with a comprehensive list of documents / information required for preparing your immigration application, immigration appeal, Immigration Judicial Review and Administrative Review, as the case may be.

D) Review of Information and Documents: We then very carefully review the requested documentation and information and make sure that your application etc. is aligned with the relevant laws. In immigration appeal or Judicial Review matters, we discuss suitability of the immigration barristers for the particular matters.

E) Representations: We believe that for any successful UK visa application, leave to remain application, UK immigration appeals, immigration Judicial Review or Admin Review, it is pivotal that you are thoroughly & efficaciously represented. For the same reasons, we very carefully draft your covering letters, Grounds of Appeal, Grounds of Judicial Review or Skeleton Arguments etc in order to conclude your immigration matters successfully.

F) Follow-up: Once the immigration matter is submitted or filed, when & where necessary, we keep tabs on the Home office or the Immigration Tribunals and update you accordingly.

G) Outcome of your Immigration Matter: The outcome of the matter is followed with a need of further advice in respect of making a further application in the future or complying with a list of do’s and don'ts. Our team of best immigration solicitors take care of that diligently.

We believe in giving honest & unparalleled advice to you. We work in complete confidence, as your partners, in sorting out your immigration matters. We have teamed up with the best immigration barristers who specialise in UK Immigration Laws and are well equipped to represent you in any complex immigration matter. Our 5 star reviews vouch for our legal competence, vast knowledge and diligent work attitude.

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