Where the Ld. Immigration Judge refuses the permission application made to the First-Tier Tribunal for an appeal to the Upper Tribunal, the appellant may take this further and make the permission Application to the Upper Tribunal directly.
The Ld. Immigration Judge gives a detailed and reasoned decision of the permit application to the First-Tier Tribunal for an appeal to the UT and it has to be assessed on merits whether the Ld. Immigration had made an error of law in making the decision.
One has to carefully consider and draft the grounds on which he or she may rely in their permission applications for appeals to the Upper Tribunal (Immigration & Asylum Chamber).
The main point here is to identify an error of law in the determination of the Ld. Immigration Judge 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.
The Tribunal 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 at the Upper Tribunal and both the parties are issued with specific directions for the preparation of the court hearing in the Upper Tribunal.
If the permission is refused then the appellant may then apply for permission application to appeal to the Upper Tribunal for an appeal to the Court of Appeal.
Once permissions are granted, the matter is listed for hearing at the Upper Tribunal and we then prepare for the court hearing, which includes responding to the Rule 24 response of the home office, complying with the directions issued by the Tribunal, 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 barristers in arguing the legal flaws in the decision of the First-Tier Tribunal and have won several appeals for our clients.
Working in liaison with our Immigration Barristers allows them to have a deep insight into the matter and to prepare them accordingly. It is equally important to prepare the client for the hearing at the Upper Tribunal, 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 Upper Tier Tribunal of Immigration and asylum chamber in the UK.
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 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;
Permission to Appeal to the Upper Tribunal is complex immigration casework and it is strictly not recommended to consider this a straightforward matter.
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.