Appeal to the Upper Tribunal

If you are looking to challenge a decision made by the First-tier Tribunal, you may need to submit an immigration appeal to the Upper Tribunal (Immigration and Asylum Chamber) (UTIAC). An immigration appeal in the UK is a crucial step if you believe that the Tribunal has made an error in law or overlooked vital evidence that could impact the outcome of your case.

Before you can proceed with an immigration appeal to the Upper Tribunal, you must first obtain permission to appeal. This is an essential requirement, as the Upper Tribunal will not automatically hear all cases – you must demonstrate that there is a valid legal ground for the appeal, such as an error of law in the First-tier Tribunal’s decision.

Once you have obtained permission to appeal, the Upper Tribunal will thoroughly review the case to determine whether the decision made by the First-tier Tribunal was lawful. Specifically, it will examine whether the judge in the First-tier Tribunal made any errors in the interpretation of the law, failed to apply the law correctly, or neglected to consider critical evidence that could have influenced the original decision. If the Upper Tribunal finds that an error of law has been made, it has the power to set the decision aside.

In the event that an error of law is identified, the Upper Tribunal can take one of two actions. It can either re-decide the matter itself, ensuring that all legal issues are addressed properly, or it can refer the case back to the First-tier Tribunal for a fresh hearing. The latter option allows the case to be reconsidered and re-assessed based on the corrected legal interpretation, ensuring a fairer process for all parties involved.

Navigating an immigration appeal in the UK can be complex, especially when dealing with the technicalities of immigration law. Our experienced team of immigration lawyers is here to provide expert guidance throughout the appeal process, helping you secure the best possible outcome for your case. We will assist you with obtaining permission to appeal, ensure that all relevant evidence is properly considered, and help you present a compelling case to the Upper Tribunal.

If you believe that your case has been wrongly decided or if you wish to challenge a decision, don’t hesitate to contact us for expert assistance with your immigration appeal. We are here to help you understand your options, maximise your chances of success, and ensure that your immigration appeal is handled with the highest level of professionalism and care.