In an immigration appeal, there may be three courses of action that the Ld. Immigration Judge of the First Tier Tribunal (Asylum & Immigration Chamber) may take:
- He may allow the appeal
- He may dismiss the appeal
- The matter may be remitted to the Home office for reconsideration
If the immigration appeal is allowed, it means that the appellant has been successful in the immigration appeal and the home office will then take steps to implement the Ld. Immigration judge’s decision, if it considers no merits in making permission application against the decision of the Ld. Immigration Judge.
If the immigration appeal is dismissed, it means that the appellant has not been successful in his appeal and has a right to seek permission to appeal from the First Tier Tribunal for appeal to the Upper Tribunal (UT).
The Ld. Immigration Judge may also remit the matter back to the Home office for a fresh decision. This will result in the making of a fresh decision by the home office and another right of appeal, if the refusal decision is maintained for some other reason.
Whatever the decision may be, the Ld. Immigration Judge gives a detailed and reasoned decision of the Immigration Appeal and should that be a dismissal, it needs to be looked into carefully to assess the merits of going further in the appeal process.
- All in-country applicants are given 14 calendar days to lodge permission applications for appeals to the First Tier Tribunal for Appeal to the Upper Tribunal (Immigration & Asylum Chamber). The Immigration Tribunals are quite strict in adherence to the deadline of 14 days and one has to give a good reason, in case of any delays
- All out-country applicants are given 28 calendar days to lodge permission applications for appeals to the First Tier Tribunal for Appeal to the Upper Tribunal (Immigration & Asylum Chamber). The Immigration Tribunals are quite strict in adherence to the deadline of 28 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 or she may rely in their permission applications for appeals to the First Tier Tribunal for Appeal to the Upper Tribunal (Immigration & Asylum Chamber). The main point here is to identify an error of law in the determination of the Ld. Immigration Judge who must have given a detailed and reasoned decision of the appeal. One has to see whether the Ld. Immigration Judge has made a fair decision 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 UT on all grounds
- Grant permission to Appeal to the UT on one or more grounds
- Refuse permission to Appeal to the UT
If permission is granted on all or limited grounds, the matter is then scheduled for a court hearing at the Upper Tribunal and both the parties are issued with specific directions for the preparation of the court hearing in the Upper Tribunal.
If the permission is refused then the appellant may then apply for permission to appeal to the Upper Tribunal directly.
Once permissions is granted, the matter is listed for hearing at the Upper Tribunal and we then prepare for the court hearing, which includes responding to the Rule 24 response of the home office, complying with the directions issued by the Tribunal, 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 First Tier Tribunal, 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 themselves accordingly. It is equally important to prepare the client for the hearing at the Upper Tribunal, 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 firstname.lastname@example.org and once in contact, be assured that you will be in safe hands.