Where the Ld. Immigration Judge refuses the permission application made to the First Tier Tribunal for appeal to the Upper Tribunal, the appellant may take this further and make the permission Application to the Upper Tribunal directly.
The Ld. Immigration Judge gives a detailed and reasoned decision of the permission application to the First Tier Tribunal for appeal to the UT and it has to be assessed on merits whether the Ld. Immigration had made an error of law in making the decision.
Time to Lodge Permission Applications for Appeals to the Upper Tribunal
- All in-country applicants are given 14 calendar days to lodge permission applications for appeals 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 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 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 and also in the decision of the First Tier Tribunal refusing permission application for appeal to the UT . One has to see whether both the decision makers have made fair decisions 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 application to appeal to the Upper Tribunal for appeal to the Court of Appeal.
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 them 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 to Appeal to the Upper Tribunal (Immigration & Asylum Chamber) in the UK?
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