How To Appeal To The Upper Tribunal (Immigration & Asylum Chamber)

• Published date: 12 October 2022
• Subject Matter: Immigration, General Immigration
• Law Firm: Richmond Chambers Immigration Barristers
• Author: Mr Paul Richmond

If your appeal to the First-tier Tribunal (Immigration and Asylum Chamber) has been dismissed, our immigration appeal lawyers can advise you on the merits of appealing to the Upper Tribunal, draft grounds of appeal and, if permission is granted, represent you at your Upper Tribunal appeal hearing.

What is the Upper Tribunal (Immigration and Asylum Chamber)?

The Upper Tribunal (Immigration and Asylum Chamber), also known as the Upper Tribunal, is a court one level above the First-tier Tribunal (Immigration and Asylum Chamber). It is responsible for determining appeals against decisions made by the First-tier Tribunal regarding entry clearance to the UK, permission to stay in the UK and deportation from the UK.

The Upper Tribunal also determines applications for Judicial Review of some decisions made by the Home Office in relation to immigration, asylum and human rights claims.

To discuss your immigration appeal with one of our immigration appeal barristers, contact our UK immigration appeal lawyers on 0203 617 9173 or complete our enquiry form below.

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

There is no automatic right of appeal to the Upper Tribunal. In order to appeal to the Upper Tribunal against a decision of an Immigration Judge of the First-tier Tribunal it is first necessary to apply for permission to appeal.

A decision of the First-tier Tribunal (Immigration and Asylum Chamber) dismissing an immigration appeal can only be appealed to the Upper Tribunal if permission to appeal is granted.

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

An application for permission to appeal to the Upper Tribunal must be made to the First-tier Tribunal in the first instance. If the First-tier Tribunal decides to refuse permission to appeal then a further application for permission to appeal can be made directly to the Upper Tribunal.

An application for permission to appeal to the Upper Tribunal must be made in writing and must set out why the Immigration Judge of the First-tier Tribunal made an error of law when they dismissed your appeal against the decision of the Home Office. It is not sufficient to merely disagree with the findings of the Judge.

Applications for permission to appeal to the Upper Tribunal are usually decided on the basis of the Immigration Judge's determination and the appellant's written grounds of appeal, without an oral hearing.

Permission to appeal to the...