Upper Tribunal Immigration Appeals
If a case is unsuccessful at the First-tier Tribunal, it may be possible to appeal to the Upper Tribunal if there was an error of law in the First-tier Tribunal decision.
The Upper Tribunal reviews whether the judge made a legal error, not whether they simply made the wrong decision. If an error of law is found, the decision may be set aside and reheard.
Upper Tribunal Appeal Process
- Request permission to appeal to the First Tier tribunal (FTT)
- Wait for Decision:The FTT will decide whether to grant permission (on all or some grounds) or refuse it.
- Refusal Procedure:If the FTT refuses, you can re-apply directly to the Upper Tribunal (known as a “renewed application”) within 14 days (or 28 days outside the UK).
- Upper Tribunal Hearing: If permission is granted, the case will be heard by the Upper Tribunal (Immigration and Asylum Chamber).
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