Permission Application to the Court of Appeal

Permission Application to the Court of Appeal

If the Upper Tribunal refuses the permission to appeal to the Court of Appeal then another permission application may be made directly to the Court of Appeal.

Second Appeals Test

There is a second appeals test in place which must be met in making the permission application in the Court of appeal, as the Court of Appeal will not give permission unless it considers that—

(a) the appeal would—

(i) have a real prospect of success; and

(ii) raise an important point of principle or practice; or

(b) there is some other compelling reason for the Court of Appeal to hear it.

Time to Lodge Permission Applications to the Court of Appeal

  • The deadline to lodge permission applications to the Court of Appeal is 21 calendar days, from the date the decision is sent to the appellant. The Court of Appeal is quite strict in adherence to the deadline of 21 days and one has to give a good reason, in case of any delays.
  • The Upper Tribunal may issue a direction to make a shorter deadline or even give some extra time to lodge permission application to the Court of Appeal.

Grounds of Permission Application to the Court of Appeal

One has to carefully consider and draft the grounds on which he or she may rely in their permission applications to the Court of Appeal. The main point here is to identify an error of law in the decision of the Upper Tribunal Judge who must have given a detailed and reasoned decision of the appeal. One has to see whether the decision makers have made fair decisions in the light of the relevant law, rules or regulations with reference to the decisions of the higher courts. It requires a wealth of expertise and experience to draft good grounds in such matters enhancing the chances of success.

Outcome of the Permission Applications to the Court of Appeal

The Court of Appeal will consider the grounds of permission to appeal carefully and may take one of the following actions:

  • Grant permission to Appeal to the Court of Appeal on all grounds
  • Grant permission to Appeal to the Court of Appeal on one or more grounds
  • Refuse permission to Appeal to the Court of Appeal
  • Refuse permission to Appeal to the Court of Appeal considering it Totally without merit (TWM).

If permission is granted on all or limited grounds, the matter is then scheduled for a court hearing in the Court of Appeal and both the parties are issued with specific directions for the preparation of the court hearing in the Court of Appeal.

If the permission is refused then the appellant may then apply for an oral hearing for the permission application to appeal to the Court of Appeal.

If the permission is refused totally without merit, that is the end of the appeal process and no further appeal could be brought against that decision.

Court Hearings at the Court of Appeal

Once permissions is granted, the matter is listed for hearing at the Court of Appeal and we then prepare for the court hearing, which includes complying with the directions issued by the Court of Appeal, preparing bundle for the hearing and a brief for the counsel. Here comes the job of the Immigration Barristers once again and we really trust our barristers in arguing the legal flaws in the decision of the Tribunals, and have won several appeals for our clients. Working in liaison with our Immigration Barristers allows them to have a deep insight in the matter and to prepare them accordingly. It is equally important to prepare the client for the hearing at the Court of Appeal, advising them on what to expect on the court hearing and how to handle any unexpected questions.

How our Immigration Solicitors can help you in making Permission Application to the Court of Appeal ?

Our team of UK Immigration Lawyers can expeditiously deal with the Permission to Appeal to the Court of Appeal. Mr Intisar Chauhan, Principal Solicitor at Chauhan Solicitors, is an expert Immigration Solicitor in London who has been dealing with UK Immigration Laws since 2003. Immigration Lawyers at Chauhan Solicitors shall provide you with best possible Immigration advice / consultation and accordingly shall prepare your Appeal matter under direct supervision of Mr Chauhan. After consultation, if you want us to start preparing your case, you can expect the followings from our Immigration lawyers;

  • We are registered with Information Commissioner’s Office (ICO) for data protection that means our client’s information is confidential and safe with Chauhan Solicitors.
  • Our Immigration offices are centrally and conveniently located in Wandsworth, south west London (SW17) near Tooting Bec Tube and Tooting Broadway stations on Northern Line, offering our clients easy access to our offices. Our Immigration lawyers are within just 20 minutes away from central London by tube.
  • Our existing and former clients believe that we provided them value for money and that they can trust us with their immigration applications to the Home Office, Appeals to the Immigration Tribunals, Judicial Review applications etc. You may find our client’s review in the Testimonial section on our website or on Google.
  • Our Immigration Lawyers shall discuss your Permission to Appeal to the Court of Appeal in length and advise you on the required documents and procedure of the said process.
  • Our Immigration Lawyers have teamed up with the best Immigration Barristers in and out of London who are well equipped to advise on any complicated the Immigration Appeal matters.
  • It will be our aim to keep you posted at all material times during pendency of your matter, for this matter our clients can log on our website and keep a close eye to the progress of their immigration matter at any time.
  • Our fees are competitive and we charge you in your immigration matters on agreed fee basis.
  • We shall never surprise you with hidden charges/fees.

We have extensive experience in representing our clients in complex appeal matters successfully and have been able to obtain relief for many of our clients who were wrongfully refused visas or further leave to remain and residence card or permanent residence under the EEA regulations.

You can contact us at 0203 514 2536  or info@chauhansolicitors.com and one of our team members will be in touch with you shortly. Or in emergency we can be contacted at 07817897184.