Permission to UT for Appeal in the Court of Appeal

Permission Application to the Upper Tribunal for Appeal in the Court of Appeal

The immigration appeal process does not stop with the decision of the Upper Tribunal (Asylum & Immigration Chambers) as the aggrieved party may take the matter further to the Court of Appeal. However, great caution needs to be taken in order to exercise right of appeal in the Court of Appeal.

Second Immigration Appeals Test

There is a second appeals test in place which must be met in making the permission application to the Upper Tribunal for appeal in the Court of appeal, as the Court of Appeal will not give permission unless it considers that—

(a) the appeal would

(i) have a real prospect of success; and

(ii) raise an important point of principle or practice; or

(b) there is some other compelling reason for the Court of Appeal to hear it.

Time to Lodge Permission Applications to the Upper Tribunal for Appeal to the Court of Appeal

However the applicants cannot undertake following activities under this category:

All in-country applicants are given 12 calendar days to lodge permission applications to the Upper Tribunal (Immigration & Asylum Chamber) for appeals to the Court of Appeal, from the date the decision is sent to the appellant. The Immigration Tribunals are quite strict in adherence to the deadline of 12 days and one has to give a good reason, in case of any delays.

All out-country applicants are given 38 calendar days to lodge permission applications to the Upper Tribunal (Immigration & Asylum Chamber) for appeals to the Court of Appeal, from the date the decision is sent to the appellant. The Immigration Tribunals are quite strict in adherence to the deadline of 38 days and one has to give a good reason, in case of any delays.

Grounds of Permission Application to the Upper Tribunal for Appeal to the Court of Appeal

One has to carefully consider and draft the grounds on which he may rely in his permission application to the Upper Tribunal (Immigration & Asylum Chamber) for Appeal to the Court of Appeal. The main point here is to identify an error of law in the decision of the Upper Tribunal Judge who must have given a detailed and reasoned decision of the appeal and also in the decision of the First Tier Tribunal refusing permission application for appeal to the UT. One has to see whether both the decision makers have made fair decisions in the light of the relevant law, rules or regulations with reference to the decisions of the Upper Tribunal or the higher courts. It requires a wealth of expertise and experience to draft good grounds in such matters enhancing the chances of success.

Outcome of the Permission Applications to the Upper Tribunal for Appeal to the Court of Appeal

The Tribunal will consider the grounds of permission to appeal carefully and may take one of the following actions:

Grant permission to Appeal to the Court of Appeal on all grounds

Grant permission to Appeal to the Court of Appeal on one or more grounds

Refuse permission to Appeal to the Court of Appeal

If permission is granted on all or limited grounds, the matter is then scheduled for a court hearing in the Court of Appeal and both the parties are issued with specific directions for the preparation of the court hearing in the Court of Appeal.

If the permission is refused then the appellant may then apply for permission application to appeal to the Court of Appeal.

Court Hearings at the Court of Appeal

Once permissions is granted, the matter is listed for hearing at the Court of Appeal and we then prepare for the court hearing, which includes complying with the directions issued by the Court of Appeal, preparing bundle for the hearing and a brief for the counsel. Here comes the job of the Immigration Barristers once again and we really trust our immigration barristers in arguing the legal flaws in the decision of the Tribunals, and have won several appeals for our clients. Working in liaison with our Immigration Barristers allows them to have a deep insight in the matter and to prepare them accordingly. It is equally important to prepare the client for the hearing at the Court of Appeal, advising them on what to expect on the court hearing and how to handle any unexpected questions.

Why Chauhan Solicitors?

We are a city law firm, specialising in UK Immigration matters. We are located in Central London and South West London (Tooting), therefore conveniently accessible to Londoners and clients in other parts of the UK. Moreover since all the UK immigration Applications can be submitted online, it has become easier for us to take instructions from anywhere in the world.

According to our clients, we are one of the Best Immigration Solicitors in London. We invite you to view our online reviews shown below that would allow you make an informed choice when instructing on of the best immigration solicitors of London to represent you.

How We Can Help You?

No two immigration matters can be the same. We have a tailor make solution for every immigration matter and in order to achieve the best outcome we follow a strict strategy i.e.

A) Assessment of your Immigration Matter: We carefully asses merits of your intended visa application, further leave to remain, immigration appeal, Judicial Review or any other immigration matter, as the case may be.

B) Immigration Advice: Upon assessment of your matter, we advise you on the most appropriate way forward by keeping in view your personal circumstances and the relevant law.

C) Engagement of Our Immigration Services: Once engaged, we shall provide you with a comprehensive list of documents / information required for preparing your immigration application, immigration appeal, Immigration Judicial Review and Administrative Review, as the case may be.

D) Review of Information and Documents: We then very carefully review the requested documentation and information and make sure that your application etc. is aligned with the relevant laws. In immigration appeal or Judicial Review matters, we discuss suitability of the immigration barristers for the particular matters.

E) Representations: We believe that for any successful UK visa application, leave to remain application, UK immigration appeals, immigration Judicial Review or Admin Review, it is pivotal that you are thoroughly & efficaciously represented. For the same reasons, we very carefully draft your covering letters, Grounds of Appeal, Grounds of Judicial Review or Skeleton Arguments etc in order to conclude your immigration matters successfully.

F) Follow-up: Once the immigration matter is submitted or filed, when & where necessary, we keep tabs on the Home office or the Immigration Tribunals and update you accordingly.

G) Outcome of your Immigration Matter: The outcome of the matter is followed with a need of further advice in respect of making a further application in the future or complying with a list of do’s and don'ts. Our team of best immigration solicitors take care of that diligently.

We believe in giving honest & unparalleled advice to you. We work in complete confidence, as your partners, in sorting out your immigration matters. We have teamed up with the best immigration barristers who specialise in UK Immigration Laws and are well equipped to represent you in any complex immigration matter. Our 5 star reviews vouch for our legal competence, vast knowledge and diligent work attitude.

info@chauhansolicitors.com

0203 514 2536