Appealing a Decision by the Immigration & Asylum Tribunal

A judge signing documents

If you believe the first-tier tribunal made a legal error, you can appeal to the Upper Tribunal. The tribunal is independent of the government and hears all sides of the case before making a judgement.

However, if you wish to appeal a decision, first, it is imperative to know the legal requirements and technicalities. Read on to learn everything you need to know about appealing a decision by the immigration and asylum tribunal.

When to Appeal a Decision

You can appeal a decision if you believe the judgement is legally incorrect. However, you must be able to demonstrate the error. A judgement may be incorrect in the following instances:

  • The tribunal did not apply the right legislation or read the law incorrectly
  • Proper procedures were not followed
  • The tribunal had no proof or insufficient evidence to back up its judgement

How to Appeal 

The first step is to request permission to appeal to the Upper Tribunal from the First-tier Tribunal. You will be given a form to request permission. Fill it correctly and a copy of the judgement. Send the documents to the address mentioned on the form to receive permission to make an appeal. However, keep in mind that you must request permission to appeal within a specified amount of time after receiving your judgement.

The deadline is determined by whether you are inside or outside the UK.

If you reside inside the UK, you must make the appeal within 14 days from the date specified in the written reasons for the judgments. On the other hand, if you are outside the UK, you must appeal within 28 days from the date specified in the written reasons for the judgments.

What Documents You Will Need

Here is a list of documents that must be submitted with the application.

  • The First-tier Tribunal’s judgement
  • The First-tier Tribunal’s ‘refusal to admit the application’ or ‘notice of refusal to appeal’
  • A statement stating your grounds for believing the First-tier Tribunal erred
  • Any additional pertinent papers you submitted to the First-tier Tribunal

You must also submit any written documentation that demonstrates why you believe the First-tier Tribunal committed a legal error. When applying after the deadline, you must explain why you are late in writing. The tribunal will next determine whether or not to consider your application.

What Happens If Permission to Appeal Is Denied?

If the First-tier Tribunal denies or the request or grants permission to appeal on limited grounds, you can petition to the Upper Tribunal for permission to appeal. It requires filling out the permission request form for the Upper Tribunal and submitting it to the address on the form, along with the necessary papers. You must also state whether or not you want a hearing.

If the case was tried as a Detained Immigration Appeal at the Harmondsworth or Yarl’s Wood hearing centres, send the application and documents to the Harmondsworth. The deadline for requesting permission to appeal to the Upper Tribunal is 14 days after the decision’s date if you live in the UK and one month after the decision’s date if you are outside the UK.

The Bottom Line

You can request the decision to be based merely on the information/documents you have provided or opt for a hearing. Either way, it is advisable to seek guidance from an immigration expert.

Contact us to learn more or appeal a decision by the Immigration & Asylum Tribunal. We will help you explore your options and guide you at every step of the way.

Understanding VAT Evasion: All You Need to Know

coins representing wealth

Value Added Tax (VAT) is a tax charged on UK businesses for their supply of goods or services that are categorized as taxable. It’s imperative that the tax is collected by a taxable individual in the business who must have registered for VAT requirements.

VAT manifests as input tax and output tax. The former is paid by a particular individual for the supply of the goods and services pertaining to them. Output tax is charged by a business that supplies the goods and services.

What Is VAT Evasion?

VAT evasion is a form of tax fraud committed by individuals and businesses that are required to pay VAT. It’s the most common type of tax fraud carried out in the UK and has serious implications and consequences. Any party found engaging in VAT evasion may be fined civil penalties, interest, criminal charges, o

VAT evasion occurs when a VAT registered business or trader suppresses their sales or inflates their purchases, thereby failing to declare their VAT returns. This intentional non-payment and failure to declare their true liability is a criminal offence. Businesses suspected of VAT evasion are targeted by HMRC and typically comprise cash-based ventures such as laundrettes, pubs, restaurants, taxi firms, and the likes.

typewriter with a document stating “tax return”

HMRC Penalties for VAT evasion

VAT evasion a classified as a criminal offence under section 72(1) of the Value Added Tax Act.

HMRC is the regulatory body responsible for conducting the primary investigation for VAT evasion. If you’re a suspect for VAT evasion or your case is eligible for criminal prosecution, you’re likely to face penalties under the civil evasion penalty regime. Typically, the penalty for this tax offence (VAT credits) is 100% of the amount evaded. In the case of payments and refunds, the penalty equates to the aggregate of the amount of input tax that you overstated and the amount of output tax that was understated. If you self-report the offence, you may face penalty mitigation with a reduction of up to 40% provided that you give an honest explanation for unintentional VAT evasion.

If you’re found guilty of VAT evasion, the Crown Court can issue you an unlimited fine and up to 7 years of imprisonment. Additionally, you may also be charged under the Fraud Act of 2006.

Are you being investigated for a potential VAT evasion case? Our criminal defence solicitors at AM International Solicitors can help you with VAT offences and excise duty assessments.

Get in touch with our criminal defence solicitors today!

r default surcharges.

Here’s Why You Need to Hire a Criminal Defence Solicitor

gravel representing justice

The criminal justice system in the UK is famous for its dedication towards serving justice. However, it’s naive to think that you can easily navigate through the judicial system on your own when you’ve been accused of a crime.

In this case, you need to hire a criminal defence solicitor. Here’s why.

They Provide Thorough Legal Representation

Let’s be honest; undergoing a criminal investigation is no joke. It’s a taxing and overwhelming process. Saying the wrong thing at the wrong time could land you in even deeper waters than you already are, and severely worsen your case. In these trying times, you need legal representation to not just guide you through the process but also act on your behalf.

Criminal defence solicitors can help you with this. They act on your behalf throughout the criminal investigation, whether this means representing you in court or speaking on your behalf when interacting with authority figures. They also help ease the nerve-wracking experience and ensure that you don’t do or say anything that could damage your case.

They Have Access to Resources Needed to Efficiently Handle Your Case

Professional criminal defence lawyers also have an expansive network of resources and connections that equip them to handle cases efficiently. They have the tools and the skills needed to prepare winning strategies and backup plans throughout your case.

Accessing reports, evidence, witnesses, and other crucial resources on your own can be challenging. With a criminal defence solicitor by your side, you won’t have to worry about this part of the process.

prison cell

They Can Help You Get the Best Outcome

A criminal solicitor is well-versed in criminal law. Experienced and professional criminal defence lawyers have dealt with all sorts of cases and have the knowledge and expertise needed to navigate through yours. Thus, they’ll do everything in their power to ensure that you get the best possible outcome in whatever scenario you have to encounter and will go out of their way to protect your interests.

Even if you’re caught in an ugly criminal investigation and can only picture the worst case scenario, a criminal defence solicitor will improve your chances of things turning out in your favour. A professional solicitor knows when and how to negotiate, file for a plea, and advocate on their client’s behalf. By hiring one for your case, your chances of attaining the best possible outcome are significantly higher than they’d be otherwise.

The team at AM International Solicitors provides thorough criminal defence services. They also offer their legal expertise in navigating through cross-border disputes, VAT offences, and excise duty assessments.

Get in touch with our criminal defence solicitors today!

Answering the Most Commonly Asked Questions about Divorce Settlements in the UK

wedding bands representing divorce

The divorce rate in the UK has increased in the last decade. While there are a number of reasons impacting the decision to divorce, there’s no denying the fact that divorces tend to be expensive.

Here are a few FAQs regarding divorce settlements that you should know about.

At What Point Do I Need a Financial Settlement?

There’s no specific time to get a financial settlement. However, it’s advisable that you consider getting one soon after deciding that you’re getting decided. The decision typically depends on what terms you and your partner are parting ways on. It’s best to settle before either of you remarries to avoid complications.

Can I Divorce Before Getting a Financial Settlement?

You don’t necessarily have to delay the divorce process because of the financial settlement. In fact, many former couples finalise a divorce settlement after they’ve already signed the divorce papers.

That said, a consent order is only legally binding after your divorce is at a specific stage. If during the proceedings you and your spouse are unable to agree on how to divide your assets, you can only submit an application to the court after you’ve already filed for a divorce petition. Typically, the settlement proceedings are handled alongside your divorce proceedings. However, you can choose to get a divorce before diving into the financial settlement process.

Will My Prenuptial Agreement Affect the Divorce Settlement?

In most cases, yes it will.

If you signed a prenuptial agreement prior to your marriage and specified your financial circumstances and possible outcomes, these will be taken into account during the divorce settlement. For instance, if you and your partner outlined what would happen to your joint or individual assets in the likeliness of divorce, then your settlement will honour these terms. This is why it’s imperative that you consult a family law solicitor before finalising a prenuptial agreement to avoid unexpected financial outcomes if you end up getting a divorce.

man signing a divorce agreement

How Much Maintenance Do I Need to Pay My Former Spouse?

The maintenance allowance depends on your specific circumstances. Several factors are taken into consideration before the jury decides how much you or your former spouse has to pay as maintenance money. These include:

  • The income, assets, and ability to earn of each partner
  • The standard living expenses before the divorce
  • The financial needs of each partner
  • The longevity of the marriage
  • Special needs (e.g. disability)
  • The contributions (financial and non-financial) made by each spouse in the marriage

Got questions about your divorce settlement? The team at AM International Solicitors provides thorough family law services and can help you with your divorce settlements. We also offer their legal expertise in navigating through cross-border disputes, VAT offences, and excise duty assessments.

Get in touch with our family law solicitors today!