Appeals

The appeal process

Under section 82 of the Nationality, Immigration and Asylum Act 2002 a person may appeal to the Tribunal where a decision has been made to either:

• Refuse a protection claim
• Refuse a human rights claim
• Revoke protection status

If you are appealing from inside the UK, the appeal should be filed within 14 days after the receipt of notice of decision and if you are appealing from outside the UK, the appeal should be filed within 28 days after the date of the receipt of the notice of decision. In certain cases, an applicant who made an in-country application may be granted out of country right of appeal which the appellant should file with the First Tier Tribunal within 28 days after leaving the UK.

The First Tier Tribunal

Your Appeal will first be heard at the First-tier Tribunal. The judge does not usually give a decision on the day of the hearing. You will usually be informed of the decision in writing after three or four weeks.

If you receive a positive decision from the Tribunal, the Home Office may either reverse their original decision or appeal the decision given by the Judge. If, however, you receive a negative decision, you may be able to appeal to the Upper Tribunal, subject to the merits.

The Upper Tribunal

If your appeal is refused at the First-tier Tribunal, you can apply for permission to appeal at the Upper Tribunal if you believe that the First-tier Tribunal judge made an error in their determination.

You are required to apply to the First-tier Tribunal to seek permission to appeal to the Upper Tribunal as this is not an automatic right. Your application for permission must be submitted within 14 days of the date of dismissal of your appeal from the First-tier Tribunal if you are in the UK. If you are outside of the UK, the time limit is 28 days.

If the First-tier tribunal refuses your permission to appeal to the Upper Tribunal, you may have the option to apply directly to the Upper Tribunal for permission to appeal. Once permission to appeal has been granted, the Upper Tribunal will hear the case and assess whether the First-tier Tribunal made an error of law.

The judge will decide whether any findings of fact made by the First-tier Tribunal are to be preserved. At this stage the judge may uphold the First-tier Tribunal decision, or the judge may decide to send the case back to the First-tier Tribunal to re-decide the case. The judge may also give the First-tier Tribunal directions to make sure the error of law is not repeated.

The Court of Appeal

If your case was heard at the Upper Tribunal but the judge decided that the First-tier Tribunal did not make an error of law, you may have the option of appealing to the Court of Appeal. You will need to apply for permission to do this.

The Supreme Court

An appeal to The Supreme Court from any order or judgment of the Court of Appeal in England and Wales or in Northern Ireland may only be brought with the permission of the Court of Appeal or of The Supreme Court. An application for permission to appeal must be made first to the Court of Appeal. If that Court refuses permission, an application may be made to The Supreme Court.

Why choose Westridge Legal?

Appeal matters can become very complicated very quickly and it is important that you obtain legal advice prior to pursuing any applications of this nature. Our team of Immigration lawyers are aware of the sensitivity and complexity involved in such matters. We understand that every individual requires different care and are here to support you.

Our highly experienced lawyers will guide and support you every step of the way to ensure that the best outcome is achieved with minimal disruption to your life.

If you wish to speak about your options directly with our specialist staff, please contact us on 0121 724 0302 to book a consultation today.