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:

  • the appeal would
  • have a real prospect of success; and
  • raise an important point of principle or practice; or
  • 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 may rely in his 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 immigration 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 Immigration Solicitors can expeditiously deal with your immigration matters by advising on the merits of visa applications, required documentation and relevant procedures.

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. Our Immigration Solicitors shall provide you with best possible Immigration advice / consultation and accordingly shall prepare your immigration 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:

  • Our immigration solicitors will discuss the details about your immigration matter, assessing the merits and advise you on the law, procedure and other requirements for the whole process.
  • Our immigration solicitors shall keep you updated on the progress of your immigration matters and advise on any procedures involved and give time estimates and merits throughout the pendency of your immigration matters.
  • Our immigration solicitors shall also advise on alternative immigration options where you may be eligible to switch into which may be more beneficial.
  • Our immigration solicitors are based in central London (EC2Y 9ST) and are therefore based in convenient access of clients from all over London and even from outside London.
  • Our immigration solicitors are specialist immigration solicitors who are able to handle all types of immigration work including entry clearance applications, further leave to remain applications, Indefinite Leave to remain applications, Immigration Appeals, Judicial Reviews, EEA applications, Settled and Pre-settled applications, Immigration bail applications and other complex immigration matters.
  • Our immigration solicitors are one of the best immigration solicitors in London as several of our clients have stated in their reviews of our services.
  • Our immigration solicitors have teamed up with the best immigration barristers in and outside London who are immigration specialists and well equipped to represent our clients in any complex immigration matters.
  • Our immigration solicitors charge on an agreed basis (except Judicial Review matters) which is competitive and never surprise you for any other hidden fees or costs involved.

Our Immigration Solicitors are just a phone call or an email away and are available at 0203 514 2536 or info@chauhansolicitors.com and once in contact, be assured that you will be in safe hands.