Permission Application to the Upper Tribunal for Appeal in the Court of Appeal

Permission Application to the Upper Tribunal for Appeal in the Court of Appeal

The immigration appeal process does not stop with the decision of the Upper Tribunal (Asylum & Immigration Chambers) as the aggrieved party may take the matter further to the Court of Appeal. However, great caution needs to be taken in order to exercise right of appeal in the Court of Appeal.

Second Appeals Test

There is a second appeals test in place which must be met in making the permission application to the Upper Tribunal for appeal 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 Upper Tribunal for Appeal to the Court of Appeal

  • All in-country applicants are given 12 calendar days to lodge permission applications to the Upper Tribunal (Immigration & Asylum Chamber) for appeals to the Court of Appeal, from the date the decision is sent to the appellant. The Immigration Tribunals are quite strict in adherence to the deadline of 12 days and one has to give a good reason, in case of any delays.
  • All out-country applicants are given 38 calendar days to lodge permission applications to the Upper Tribunal (Immigration & Asylum Chamber) for appeals to the Court of Appeal, from the date the decision is sent to the appellant. The Immigration Tribunals are quite strict in adherence to the deadline of 38 days and one has to give a good reason, in case of any delays.

Grounds of Permission Application to the Upper Tribunal for Appeal 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 Upper Tribunal (Immigration & Asylum Chamber) for Appeal 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 and also in the decision of the First Tier Tribunal refusing permission application for appeal to the UT. One has to see whether both the decision makers have made fair decisions in the light of the relevant law, rules or regulations with reference to the decisions of the Upper Tribunal or 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 Upper Tribunal for Appeal to the Court of Appeal

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

  1. Grant permission to Appeal to the Court of Appeal on all grounds
  2. Grant permission to Appeal to the Court of Appeal on one or more grounds
  3. Refuse permission to Appeal to the Court of Appeal

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 permission application to appeal to the Court of Appeal.

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 Upper Tribunal (Immigration & Asylum Chamber) for Appeal to the Court of Appeal ?

Our team of UK Immigration Lawyers can expeditiously deal with the Permission to Appeal to the Upper Tier Tribunal of Immigration and asylum chamber for 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 Upper Tier Tribunal of Immigration and asylum chamber for appeal to the Court of Appeal in length and advise you on the required documents and procedure of the Permission to Appeal matter to the Upper Tier Tribunal.
  • 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.