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.