Understanding the Upper Tribunal (Immigration and Asylum Chamber)

The Upper Tribunal (Immigration and Asylum Chamber) serves as a higher judicial authority above the First-tier Tribunal in immigration and asylum matters within the United Kingdom. It is tasked with reviewing and deciding appeals arising from determinations made by the First-tier Tribunal. These appeals may concern issues such as UK entry clearance, applications for leave to remain, and decisions involving deportation.

In addition to handling appeals, the Upper Tribunal also considers applications for Judicial Review. This includes evaluating the lawfulness of certain immigration, asylum, and human rights-related decisions made by the Home Office. The Tribunal thus plays a critical role in ensuring that administrative decisions comply with legal standards and uphold individual rights under UK immigration law.

While legal professionals offering immigration services can assist with navigating the appeal process, it is important to note that the Tribunal operates independently to uphold justice and procedural fairness in immigration cases.

Challenging a First-tier Tribunal Decision: Your Right to Appeal to the Upper Tribunal

If your immigration appeal has been dismissed by the First-tier Tribunal (Immigration and Asylum Chamber), you do not automatically have the right to escalate the case to the Upper Tribunal. To take your case further, you must first seek permission to appeal, establishing that the decision made involved a potential error of law.

Seeking Permission to Appeal to the Upper Tribunal: Step-by-Step Process

The appeal process begins by applying for permission to appeal directly to the First-tier Tribunal. If this application is denied, a secondary application can then be made to the Upper Tribunal.

This application must be submitted in written form, detailing how the Immigration Judge’s decision was legally flawed, rather than simply expressing disagreement with the judgment. Strong legal arguments must demonstrate an arguable case that the original tribunal made a material error in law.

In most cases, the application is reviewed based on written submissions, without the need for an oral hearing.

Common Legal Errors That May Justify an Upper Tribunal Appeal

Permission to appeal may be granted if there’s an arguable legal error in the First-tier Tribunal’s determination. Examples include:

• Misinterpretation or incorrect application of the Immigration Rules

• Failure to take critical evidence into account

• Decisions lacking adequate supporting evidence

• Inconsistency with higher court rulings

• Procedural flaws causing unfairness

Because identifying errors of law is a complex legal task, professional support from experienced immigration appeal professionals is highly recommended.

Time Limits for Submitting an Appeal to the Upper Tribunal

Application to the First-tier Tribunal

• Inside the UK: 14 calendar days from the date the decision was sent

• Outside the UK: 28 calendar days from the date the decision was sent

Application to the Upper Tribunal (if initial permission is denied)

• Inside the UK: 14 calendar days from the date of the First-tier Tribunal’s refusal notice

• Outside the UK: 1 month from the date of the refusal notice

If deadlines are missed, an extension request must accompany your appeal grounds, clearly explaining the delay. The Tribunal will then assess whether to accept the late submission. If a deadline falls on a non-working day, the application remains valid if received by the next working day (midnight for the First-tier Tribunal and 5pm for the Upper Tribunal).

Cost of Appealing to the Upper Tribunal

There is no fee for submitting an appeal to the Upper Tribunal.

What Happens If Your Appeal Proceeds to the Upper Tribunal?

Once permission is granted, the case will be scheduled for an Error of Law Hearing. The Tribunal will issue specific directions, and the hearing will focus on whether the First-tier Tribunal’s decision contained a material legal error.

A written determination will usually be issued within 28 days of the hearing.

Possible Outcomes if the Appeal is Successful

If the Upper Tribunal concludes there was a legal error, it may:

• Overturn the First-tier Tribunal’s decision and make a fresh determination; or

• Remit the case back to the First-tier Tribunal for a full rehearing.

The Home Office may, in some instances, seek further appeal to the Court of Appeal if it believes the Upper Tribunal itself has erred in law.

If Your Upper Tribunal Appeal is Unsuccessful

If the Upper Tribunal upholds the original dismissal and finds no error of law, the appeal is effectively concluded, and the First-tier Tribunal’s decision remains in force.

However, where the Upper Tribunal’s determination itself is flawed, there may be a further opportunity to seek permission to appeal to the Court of Appeal—but only on the basis of a demonstrated legal mistake.

What If Permission to Appeal Is Refused Altogether?

If the Upper Tribunal refuses to grant permission to appeal, you may consider initiating a ‘Cart Judicial Review’ in the Administrative Court. This exceptional legal remedy is available only when the case:

• Raises an important issue of legal principle or practice; or

• Presents another compelling reason to be reconsidered.

A Cart Judicial Review must be filed within 16 days of the date on which the Upper Tribunal’s decision notice was sent.

Due to the technical nature of judicial reviews, expert legal assistance is strongly advised.

Expert Assistance with Immigration Appeals

Our dedicated team of immigration appeal specialists collaborates closely with both individuals and organisations across the UK and internationally to challenge adverse decisions made by the First-tier Immigration Tribunal. We provide comprehensive legal support, including the preparation of appeal documentation and skilled advocacy before the Upper Tribunal.

If you are seeking to overturn a decision where your immigration appeal has been refused by the First-tier Tribunal, our professionals deliver strategic legal advice combined with effective representation. We take pride in offering a supportive, results-driven service that navigates the complexities of immigration law with precision.

Whether you require an assessment of your prospects for appeal, expertly drafted grounds of appeal, or in-court representation at the Upper Tribunal, our appeal specialists leverage extensive experience and proven legal insight to support your case effectively.

Understanding that every immigration matter is distinct, our team crafts personalised legal strategies tailored to your specific circumstances ensuring that each client receives the focused attention and high-quality representation they deserve.