Immigration Corner | Appeal from first-tier to second-tier tribunal

Dear Mr Bassie,

Please let me know if it is possible to appeal a decision made by the immigration and asylum tribunal.

I would greatly appreciate any assistance that you can give me.

– KJ

Dear KJ,

Persons can appeal a decision by the immigration and asylum tribunal. They can appeal to the Upper Tribunal (Immigration and Asylum Chamber) if it is thought 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 legal advice from a solicitor, or help from a regulated immigration adviser. They can also contact ‘Citizens Advice’, and may be eligible to get legal aid. Persons are advised to read The guide on representing yourself, if they do not intend to have a legal representative.

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. They should contact the tribunal if they have any questions about their appeal. Please note that the tribunal cannot give legal advice.

Upper Tribunal (Immigration and Asylum Chamber)

customer.service@justice.gov.uk

Telephone: +44 (0) 300 123 1711

Minicom: +44 (0) 300 123 1264

Fax: +44 (0) 870 324 0095

Mondays to Fridays: 8.30 a.m. to 5 p.m.

THE APPEAL

Persons 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.

PERMISSION TO APPEAL

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 the decision. The form should be completed and sent with a copy of the decision to the address on the form.

DEADLINES FOR ASKING THE FIRST-TIER TRIBUNAL FOR PERMISSION TO APPEAL

Persons must ask for permission to appeal within a certain period of time of getting their decision. When they must appeal by depends on whether they are inside or outside the UK.

Persons who are inside the United Kingdom must appeal by 14 days after the date on the written reasons for the decisions. Those persons who are outside the United Kingdom must appeal by 28 days after the date on the written reasons for the decisions. There is no fee to appeal to the tribunal.

IF REFUSED PERMISSION TO APPEAL

Persons can apply to the Upper Tribunal for permission to appeal if the First-tier Tribunal refuses, or only gives permission to appeal on limited grounds.

The applicant should download and fill in the Upper Tribunal permission request form and send it with the appropriate documents to the address on the form. They must also say whether they want a hearing or not.

If the case was heard at either the Yarl’s Wood or the Harmondsworth hearing centre as a detained immigration appeal, persons should send their application to the Harmondsworth hearing centre.

DEADLINES FOR ASKING THE UPPER TRIBUNAL FOR PERMISSION TO APPEAL

How long persons have will depend on where they are and how they received the refusal letter from the First-tier Tribunal.

If inside the United Kingdom, persons must appeal by 14 days after the date of decision. Those persons outside of the United Kingdom must appeal by one month after the date of the decision.

DOCUMENTS THAT MUST BE SENT WITH THE APPPLICATION

The applicants should include copies of the following documents 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 it is thought that the First-tier Tribunal made a mistake;

• Any other relevant documents that may have been sent to the First-tier Tribunal.

The applicant will also need to include any written evidence that shows why they think the First-tier Tribunal made a legal mistake.

If the application is late, they must explain in writing why it is late. The tribunal will then decide if it can review the application.

REQUEST A HEARING

As stated above, persons can ask on the application for a decision to be made either:

• Just on the information in the application;

• At a hearing to which the applicant or their representative can go.

The tribunal can decide to have a hearing even if they do not ask for one. Persons in the United Kingdom will be told if this is the case and invited to attend, if they are over there.

Please note that if they do not hold a hearing, a judge will decide the case based on the application submitted.

WITHDRAWING THE APPEAL

Only the applicant or their representative can withdraw an appeal. Persons who want to withdraw the appeal should contact the tribunal in writing. They should include the appeal number. The tribunal will decide whether to give permission to withdraw, or if the hearing will go ahead. Please note that if the hearing is less than seven days away, they should contact the hearing centre where the appeal is scheduled to be heard.

Good luck.

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, deputy global president of the Chartered Institute of Arbitrators, and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com