If the Upper Tribunal refuses the permission to appeal to the Court of Appeal then another permission application may be made directly to the Court of Appeal.
There is a second appeals test in place which must be met in making the permission application 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 practise; or
(b) there is some other compelling reason for the Court of Appeal to hear it.
One has to carefully consider and draft the grounds on which he or she may rely in their permit applications 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.
One has to see whether the decision-makers have made fair decisions in the light of the relevant law, rules or regulations with reference to the decisions of the higher courts.
It requires a wealth of expertise and experience to draft good grounds in such matters enhancing the chances of success.
The Court of Appeal will consider the grounds of permission to appeal carefully and may take one of the following actions:
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 an oral hearing for the permit application to appeal to the Court of Appeal.
If the permission is refused totally without merit, that is the end of the appeal process and no further appeal could be brought against that decision.
Once permissions are 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 a 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 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.
Our team of UK Immigration Lawyers can expeditiously deal with the Permission to Appeal to the Court of Appeal.
Mr Intisar Chauhan, Principal Solicitor at Chauhan Solicitors, is an expert Immigration Solicitor in London who has been dealing with UK Immigration Laws since 2003.
Immigration Lawyers at Chauhan Solicitors shall provide you with the best possible Immigration advice/consultation and accordingly shall prepare your Appeal matter under the direct supervision of Mr Chauhan.
After consultation, if you want us to start preparing your case, you can expect the following from our Immigration lawyers;
We have extensive experience in representing our clients in complex appeal matters successfully and have been able to obtain relief for many of our clients who were wrongfully refused visas or further leave to remain and residence card or permanent residence under the EEA regulations.
You can contact us at 0203 514 2536 or info@chauhansolicitors.com and one of our team members will be in touch with you shortly. Or in an emergency, we can be contacted at 07817897184.