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.
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:
- 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
- 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
One has to carefully consider and draft the grounds on which he may rely in his permission application 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.
The Tribunal 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
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.
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.
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 email@example.com and once in contact, be assured that you will be in safe hands.