Sun | Sep 24, 2017

Immigration Corner | Can I appeal?

Published:Tuesday | May 9, 2017 | 5:15 AM

Dear Mr Bassie,

Can I appeal a decision made by the tribunal if I believe that it made a mistake? I think that this is the case with a recent application that was made.

- MW

Dear MW,

Persons can appeal to the Upper Tribunal, Immigration and Asylum Chamber, if they think that there is 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.

Persons can get help and advice from a solicitor or regulated immigration adviser. They can also contact 'Citizens Advice' and may be able to get legal aid. They should read the guide on 'representing yourself' if they are not going to have a legal representative. It should be noted that persons may be able to get asylum support, for example, housing and money, while they are waiting to find out if they will be given asylum.

Persons should contact the tribunal at the address below if they have any questions about their appeal. Please be aware that the tribunal cannot give legal advice.

Upper Tribunal (Immigration and Asylum Chamber)customer.service@hmcts.gsi.gov.uk

Telephone: +44 (0) 300 123 1711

Minicom: +44 (0) 300 123 1264

Fax: +44 (0) 870 324 0095

Monday to Friday, 8.30 a.m. to 5 p.m.

Persons must be able to make a case as to 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; or had no evidence, or not enough evidence, to support its decision.

Persons must ask the First-tier Tribunal Immigration and Asylum Chamber for permission to appeal to the upper tribunal. They will be given the form to ask permission from the First-tier Tribunal Immigration and Asylum Chamber when they receive their decision. They should then send it with a copy of the decision to the address on the form.

 

Ask permission

 

Persons must ask for permission to appeal within a certain period of getting the decision. If persons are inside the United Kingdom, they must appeal within 14 days after the date on the written reasons for the decision and 28 days if outside of the United Kingdom. Please note that there is no fee to appeal to the tribunal.

With respect to deadlines for asking the upper tribunal for permission to appeal, how long a person has depends on the individual situation and how the refusal letter from the First-tier Tribunal was received. If persons are inside the United Kingdom, they must appeal within 14 days after the date on the written reasons for the decision and one month if outside of the United Kingdom.

There are certain documents that must be sent with the application and copies of the following documents should be included with the form: the decision by the First-tier Tribunal; the 'notice of refusal of permission to appeal' by the First-tier Tribunal or the 'refusal to admit the application for permission; a statement clearly setting out the reasons why the prospective appellant thinks that the First-tier Tribunal made a mistake; and any other relevant documents sent to the First-tier Tribunal. Persons will also need to include any written evidence that shows why they think the First-tier Tribunal made a legal mistake. Also, if the application is late, persons must explain in writing why it is late. The tribunal will then decide if it can review the application.

- John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, and a member of the Immigration Law Practitioners Association (UK). Email:lawbassie@yahoo.com