Our immigration appeal solicitors can provide you with guidance on the advantages of appealing to the Upper Tribunal, prepare grounds of appeal, and, if permission is granted, represent you at your Upper Tribunal appeal hearing if your appeal to the First-tier Tribunal (Immigration and Asylum) has been turned down.

This page examines the right to appeal to the Upper Tribunal, the process of applying for permission to appeal to the Upper Tribunal, the definition of an "error of law" in a First-tier Tribunal decision, the time limits for appealing to the Upper Tribunal, the consequences of granting or denying permission to appeal to the Upper Tribunal, and the subsequent steps to take if you are successful or unsuccessful in your appeal to the Upper Tribunal.

What is the Upper Tribunal (Immigration and Asylum)?

The Upper Tribunal (Immigration and Asylum), otherwise known as the Upper Tribunal, is a court that is one level above the First-tier Tribunal (Immigration and Asylum). It is tasked with the determination of appeals against decisions made by the First-tier Tribunal regarding entry clearance to the UK, permission to remain in the UK, and deportation from the UK.

The Upper Tribunal also evaluates applications for Judicial Review of certain decisions made by the Home Office in connection with immigration, asylum, and human rights claims.

Right of Appeal to the Upper Tribunal Against a Decision of the First-tier Tribunal 

A right of appeal to the Upper Tribunal is not automatically granted. It is necessary to petition for permission to appeal in order to appeal a decision of an Immigration Judge of the First-tier Tribunal to the Upper Tribunal.

The Upper Tribunal may only hear an appeal from a First-tier Tribunal (Immigration and Asylum) decision that dismisses an immigration appeal if consent to appeal is granted.

How to Apply for Permission to Appeal to the Upper Tribunal (Immigration and Asylum)

Initially, the First-tier Tribunal must receive an application for permission to appeal to the Upper Tribunal. If the First-tier Tribunal declines to grant permission to appeal, the applicant may submit an additional application for appeal directly to the Upper Tribunal.

The application for permission to appeal to the Upper Tribunal must be submitted in writing and must provide a detailed explanation of the legal error that the Immigration Judge of the First-tier Tribunal committed when they dismissed your appeal against the Home Office's decision. It is insufficient to merely express disagreement with the Judge's conclusions. The Immigration Judge's determination and the appellant's written grounds of appeal are typically the basis for determining whether or not to grant permission to appeal to the Upper Tribunal, without an oral hearing.

The Judge reviewing the decision of the First-tier Tribunal will only grant permission to appeal to the Upper Tribunal if the Judge is satisfied that the Immigration Judge arguably erred in law when they decided your case (i.e., there is an arguable case that the decision dismissing your appeal was legally flawed).

What is an Error of Law for Grounds of Appeal to the Upper Tribunal?

Grounds for appeal to the Upper Tribunal may arise from errors of various categories committed by the First-tier Tribunal.

For instance, the First-tier Tribunal's decision may be considered legally incorrect if the Immigration Judge who dismissed your appeal:

• Applied the Immigration Rules incorrectly or wrongly interpreted the Immigration Rules;
• Failed to consider important evidence;
• Had no evidence or insufficient evidence to support the decision made;
• Reached a decision which is inconsistent with a binding decision of a higher court; 
• Followed an incorrect procedure which resulted in unfairness.

A specialist's legal expertise is necessary to identify errors of law in a First-tier Tribunal determination. You may want to consult with an immigration appeal counsel for his or her expertise.

For years, our immigration barristers have been responsible for the review of First-tier Tribunal determinations for errors of law and the crafting of grounds of appeal in support of successful applications for permission to appeal to the Upper Tribunal.

Time Limits for Appealing to the Upper Tribunal 

Application to the First-tier Tribunal for Permission to Appeal

An application for permission to appeal to the Upper Tribunal must be submitted to the First-tier Tribunal in the initial instance, as demonstrated above.

Your application for permission to appeal to the Upper Tribunal must be received by the First-tier Tribunal within 14 days of the date on which the written reasons for the decision being appealed were sent, provided that you are located in the United Kingdom.

Your application to the First-tier Tribunal for permission to appeal to the Upper Tribunal must be submitted within 28 days of the date on which the written reasons for the appeal decision were sent, if you are located outside of the UK. It may be feasible to request an extension of the appeals period if these deadlines have been exceeded.

Your grounds of appeal must be accompanied by an application for an extension of time, and you must provide an explanation for the delay in submitting the application for permission to appeal.

A decision regarding whether to extend the appeals deadline will be made by the First-tier Tribunal. The time limits specified above are calendar days.

However, if the pertinent time limit expires on a non-working day, the application is considered timely if it is submitted (and received) on the following working day. in the First-tier Tribunal, that is, by midnight on the final day,

Application to the Upper Tribunal for Permission to Appeal

If the First-tier Tribunal declines to grant permission to appeal, the applicant may submit an additional application for appeal directly to the Upper Tribunal.

If you are located in the United Kingdom, you must submit an application to the Upper Tribunal for permission to appeal within 14 days of the date on which the First-tier Tribunal sent you its notice of refusal of permission.

If you are located outside of the United Kingdom, you will have one month from the date of the First-tier Tribunal's notice of refusal of permission to submit your application for permission to appeal to the Upper Tribunal with the Upper Tribunal.

If these deadlines have been exceeded, it may be feasible to request an extension of time for the appeal process. You will be required to submit an application for an extension of time along with your grounds of appeal and provide an explanation for the delay in submitting the application for permission to appeal.

Next, the Upper Tribunal will evaluate whether to extend the appeals deadline. The aforementioned time limits are calendar days.

However, if the pertinent time limit expires on a non-working day, the application is considered timely if it is submitted (and received) on the following working day. This is due by 5 p.m. on the day in question at the Upper Tribunal.

Upper Tribunal Appeal Fee

There is no fee for appealing to the Upper Tribunal.

If Permission to Appeal to the Upper Tribunal is Granted

Your case will typically be scheduled for an error of law hearing if permission to appeal to the Upper Tribunal is granted. The Upper Tribunal will issue directives that must be adhered to.

The Upper Tribunal will determine whether the First-tier Tribunal's decision contained a material error of law after the hearing.

The decision may be expressed orally or may be reserved. In either scenario, a written decision with justifications will be issued. Within 28 days of the Upper Tribunal hearing your appeal, you should receive a written decision.

What will happen if I win my appeal to the Upper Tribunal?

If the Upper Tribunal determines that the Immigration Judge of the First-tier Tribunal committed an error of law, it will either:

• Reverse the First-tier Tribunal's decision and render its own determination regarding your appeal; or
• Return your case to the First-tier Tribunal for a second hearing.

An appeal to the Court of Appeal may be requested by the Home Office if it believes that the Upper Tribunal committed a legal error.

What will happen if I lose my appeal to the Upper Tribunal?

Your appeal will be dismissed if the Upper Tribunal determines that the Immigration Judge of the First-tier Tribunal did not commit an error of law. The First-tier Tribunal's decision to dismiss your appeal against the Home Office's refusal decision will remain in effect.

However, if the Upper Tribunal's decision reveals a legal error, you may be able to request permission to appeal to the Court of Appeal from the Upper Tribunal.

A specialist's legal expertise is necessary to identify an error of law in an Upper Tribunal determination. An immigration appeal counsel may be beneficial in providing you with expert guidance.

If Permission to Appeal to the Upper Tribunal is Refused

If you are denied permission to appeal by the Upper Tribunal, you may be able to request judicial review of the decision. A 'Cart Judicial Review' is the term used to describe this.

You must demonstrate that an error of law was committed in the decision of your appeal and that your case pertains to a significant principle or practice, or that there is another compelling cause for your case to be heard.

The claim form and supporting documents must be submitted no later than 16 days after the date on which the Upper Tribunal's decision was sent.

Specialist legal expertise is necessary to identify an error of law. If you are denied permission to appeal to the Upper Tribunal, you may wish to consult with an immigration appeal counsel for expert advice.