Where your appeal is denied at the First-tier Tribunal (“FtT”), you may have the opportunity to appeal again at the Upper Tribunal (“UT”). This is the court one level above the FtT. Before you appeal at the UT, you must first apply for permission through the form of an application. Your application must provide reasons for why you believe the First-tier Tribunal judge made a mistake in interpreting the law during your case. This guide can provide further information on applications to the UT, the process of an appeal, at this level, and how to seek assistance in ensuring you have a thorough and well-prepared case.
How Do You Appeal To The Upper Tribunal?
You must first apply for permission to do so. This is because the UT generally only hears appeals that have been referred to it by the FtT.
In order to appeal, you must submit an application form, along with any supporting evidence or documentation. The application should explain why you believe the FtT judge made an error in the way they applied the law in deciding your case, and why an appeal to the UT is necessary.
It’s important to note that the time frame for these applications are usually short, so it’s important to act quickly. Our team of specialist Immigration Lawyers are highly experienced in Appeals to the Immigration Tribunals, therefore contact us and we can assess the merits of your case and get you started in applying for an appeal to the UT.
Once you have applied for permission to appeal, the UT will review your application and make a decision on whether or not to grant permission for an appeal. If permission is granted, the UT will schedule a hearing date and you will have the opportunity to present your case and evidence. The UT will then make a decision on your appeal.
It’s worth noting that, if the UT finds in your favour, it will quash the decision of the FtT and replace it with their own decision. Whereas, if the UT finds against you, the decision of the FtT will stand.
It is also important to be aware that the Upper Tribunal may not always accept to hear the case, it is advisable to seek legal help to increase the chances of your success.
How Long Does It Take To Appeal To The Upper Tribunal?
The length of time can vary depending on a number of factors, including the complexity of your case and the availability of the tribunal members. However, on average, it can take several months for an appeal to be heard and a decision to be made. The exact timeline can vary depending on the specific case and circumstances.
What Happens At The Appeal Hearing?
During an appeal hearing at the UT, both parties (the appellant and the respondent) will have the opportunity to present their arguments and evidence to the tribunal members. The hearing is usually conducted in a courtroom-like setting as opposed to the setting of a hearing at the FtT, and may include oral testimony from witnesses and experts, as well as the submission of written documents and other evidence. The tribunal members will consider all of the evidence and arguments presented, and will then make a decision on the appeal.
It is important to note that the rules of evidence and procedure at the UT may be different from those in a court of law, and that the standard of proof is different. Generally, the hearing is more informal and less formal than a court trial.
It is important to also note that some of the appeals to the UT may be heard on paper, and in such cases, the parties submit written representations and evidence, and the tribunal may make a decision based on the paper record.
After The Hearing
After a hearing, the tribunal members will deliberate on the evidence and arguments presented during the hearing. They will then issue a decision, which can either be an oral decision given at the end of the hearing or a written decision that is sent to the parties at a later date.
If the decision is in your favour, the tribunal’s ruling will be binding and the lower court or tribunal’s decision will be overturned. If the decision is not in your favour, the lower court or tribunal’s decision will stand and you will not be able to appeal the decision further. However, depending on the circumstances, you may be able to seek Judicial Review of the UT’s decision in the High Court. Additionally, you may be able to take the matter to the European Court of Human Rights, if you believe your human rights have been breached.
What Happens If The Upper Tribunal Refused My Appeal?
If the Upper Tribunal refuses your appeal, it means that the decision of the lower court or tribunal will stand and you will not be able to appeal the decision further. However, depending on the circumstances, you may be able to seek judicial review of the Upper Tribunal’s decision in the High Court. Additionally, you may be able to take the matter to the European Court of Human Rights, if you believe your human rights have been breached. It is always recommended to consult a lawyer for further legal advice.
Why Instruct Our Immigration Team?
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a spouse visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a spouse visa application and are able to advise you in respect of your prospects and to ensure that you meet all the requirements of the relevant rules.
Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss your visa application.
Authored by Tehreem Fatima, Paralegal