Claimtime Immigration
Appeal a decision by the immigration and asylum tribunal
You can appeal to the Upper Tribunal (Immigration and Asylum Chamber) if you think there’s a legal mistake with a decision made by the First-tier Tribunal (Immigration and Asylum Chamber).
The tribunal is independent of government and will listen to both sides of the argument before making a decision.
You must be able to make a case for why the decision was legally wrong.
For example, if the tribunal:
● did not apply the correct law or wrongly interpreted the law
● did not follow the correct procedures
● had no evidence or not enough evidence to support its decision
You can ask on your application for a decision to be made either:
● just on the information in your application
● at a hearing that you or your representative can go to
The tribunal can decide to have a hearing even if you do not ask for one.
You’ll be told if this is the case and invited to attend if you’re in the UK.
If they do not hold a hearing, a judge will decide your case based on your application.
We will inform you when your hearing is to take place. You may however need to attend a pre-hearing first, where the tribunal will check that you’re ready for the full hearing to take place.
Private hearings or hearings by video
Hearings are usually carried out in public. If you have an important need (for example you think you’ll be put in danger if you go to the hearing), you can ask:
● for your name not to appear on any tribunal documents or court lists
● for the tribunal to be private and not open to the public
● to attend the hearing by video link
Asking for a male or female judge
You can ask for a male or female judge if you think there are issues in your appeal that make it appropriate. The tribunal will decide if it can do this. Make your request as soon as possible when your apply, and no later than 7 days before the hearing.
If you can not attend the hearing
You must attend the hearing yourself if you’re in the UK.
If you’re not in the UK, we can arrange for a representative to attend the hearing in your place.
You can only be represented at the hearing by a solicitor or regulated immigration adviser, your sponsor can not act on your behalf.
Your sponsor can not represent you at the hearing, they can only be:
● told the tribunal’s decision
● given information over the phone
You must us
aware if your sponsor will be attending the hearing in your place. Include the case reference number of your appeal.
You can not take children into the hearing room with you. If you need to bring them to the tribunal, you’ll need to bring someone to look after them.
If your appeal can not be resolved at the hearing
If your appeal is not held on its scheduled day for any reason (for example there is not a judge available) it’ll be ‘adjourned’ and rescheduled for another day.
Your hearing may also be adjourned as ‘part heard’ if there is not enough time to finish it, or it can not be resolved on the day, for example because more evidence is needed.
The tribunal will arrange another hearing with the same people present.
You’ll normally get your decision in writing in 28 days.
If the Upper Tribunal decides that a mistake was made it can:
● overrule the decision and make its own judgement
● order the First-tier Tribunal to hear the case again
The Home Office can appeal the decision of the tribunal.
You may be able to appeal to a higher court if you think there was a legal mistake made by the tribunal.
You can ask the relevant higher court for permission.
You must do this within:
● 28 days of being refused permission (England and Wales)
● 42 days of being refused permission (Scotland)
● 21 days of being refused permission (Northern Ireland)
Contact us now for an advice
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