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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, with the consent of both parties

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 an appeal to the Upper Tribunal (UT).

The Ld. Immigration Judge may also with the consent of both parties, 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 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

  • 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) from the date the decision is sent to the appellant. 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) from the date the decision is sent to the appellant. 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 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.

The outcome of the Permission Application

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

  1. Grant permission to Appeal to the UT on all grounds
  2. Grant permission to Appeal to the UT on one or more grounds
  3. 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 are 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 into 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.

How our Immigration Solicitors can help you in making Permission of Appeal to First-Tier Tribunal for Appeal to the Upper Tribunal (Immigration & Asylum Chamber) in the UK?

Our team of UK Immigration Lawyers can expeditiously deal with the permission to appeal from the First-Tier Tribunal for an appeal to the Upper Tribunal (Asylum & Immigration Chamber) in the UK.

Mr Intisar Chauhan, Principal Solicitor at Chauhan Solicitors, is an expert Immigration Solicitor in London who has been dealing with UK Immigration Laws since 2003.

Immigration Lawyers at Chauhan Solicitors shall provide you with the best possible Immigration advice/consultation and accordingly shall prepare your Appeal matter under the direct supervision of Mr Chauhan.

After consultation, if you want us to start preparing your case, you can expect the following from our Immigration lawyers;

  • We are registered with Information Commissioner’s Office (ICO) for data protection that means our client’s information is confidential and safe with Chauhan Solicitors.
  • Our Immigration offices are centrally and conveniently located in Moorgate on Northern Line, offering our clients easy access to our offices. Our Immigration lawyers are within just 20 minutes away from central London by tube.
  • Our existing and former clients believe that we provided them value for money and that they can trust us with their immigration applications to the Home Office, Appeals to the Immigration Tribunals, Judicial Review applications etc. You may find our client’s review in the Testimonial section on our website or on Google.
  • Our Immigration Lawyers shall discuss your Permission to Appeal to the First-Tier Tribunal for an appeal to the Upper Tier Tribunal of Immigration and Asylum Chamber in length and advise you on the required documents and procedure of the Permission to Appeal matter to the Upper Tier Tribunal.
  • Our Immigration Lawyers have teamed up with the best Immigration Barristers in and out of London who are well equipped to advise on any complicated Immigration Appeal matters.
  • It will be our aim to keep you posted at all material times during the pendency of your matter, for this matter our clients can log on to our website and keep a close eye on the progress of their immigration matter at any time.
  • Our fees are competitive and we charge you in your immigration matters on an agreed fee basis.
  • We shall never surprise you with hidden charges/fees.

Permission to Appeal to the First-Tier Tribunal for Appeal to the Upper Tribunal is complex immigration casework and it is strictly not recommended to consider this a straightforward matter.

We have extensive experience in representing our clients in complex appeal matters successfully and have been able to obtain relief for many of our clients who were wrongfully refused visas or further leave to remain and residence card or permanent residence under the EEA regulations.

You can contact us at 0203 514 2536  or [email protected] and one of our team members will be in touch with you shortly. Or in an emergency, we can be contacted at 07817897184.