If your immigration appeal to the First-tier Tribunal has been dismissed, it may be possible to challenge the decision by appealing to the Upper Tribunal.

What Is the Upper Tribunal (Immigration and Asylum Chamber)?

The Upper Tribunal (Immigration and Asylum Chamber) is a higher court that hears appeals against decisions of the First-tier Tribunal in immigration, asylum and human rights cases. It also has judicial review jurisdiction (for England &Wales) over certain Home Office decisions.

An appeal to the Upper Tribunal is not automatic. You must first be granted permission by the First-tier Tribunal or, if refused, by applying to the Upper Tribunal. If permission to appeal is granted, you will have a hearing at the Upper Tribunal; if permission to appeal is refused, you may have grounds to apply for Judicial Review. 

When Can You Appeal to the Upper Tribunal?

You may be able to appeal if you believe that the First-tier Tribunal judge made an error of law in dismissing your immigration appeal. 

Errors of law may include if:

• The judge misinterpreted or misapplied the immigration law or the Immigration Rules
• The judge failed to to consider material evidence
• The judge made irrational findings of fact
• The judge did not follow a decision made by a higher court, which they have to follow
• The judge did not follow the proper steps for a fair hearing

Simply disagreeing with the decision is not an error of law.

Applying for Permission to Appeal

You must apply for permission to appeal within 14 calendar days (if you are in the UK) or 28 days (if outside the UK) from the date the decision and reasons were sent to you.

If the First-tier Tribunal refuses permission, you can apply directly to the Upper Tribunal, within 14 days (in the UK) or 28 days (outside the UK) from the date of refusal.

If you are out of time, you may include an application for an extension, but you must provide detailed reasons and supporting evidence.

What Happens if Permission Is Granted?

If permission to appeal is granted, your case will proceed to an error of law hearing. The Upper Tribunal will decide whether the First-tier Tribunal’s decision involved a material error of law.

The Upper Tribunal hearing will not normally look at your case from the beginning or hear new evidence. 

If a material error of law is found, the Upper Tribunal may:

• Set aside the decision and substitute its own

• Remit the case to the First-tier Tribunal for a fresh hearing

A written determination will be issued, usually within 28 days of the hearing.

If the Appeal Is Refused

If the Upper Tribunal finds no error of law, the appeal will be dismissed, and the First-tier Tribunal’s decision will stand.

In limited circumstances, you may be able to appeal to the Court of Appeal (Court of Session in Scotland) or challenge the refusal of permission by way of  Judicial Review.

How We Can Help

When challenging a First-tier Tribunal decision in the Upper Tribunal, we work closely with experienced immigration advocates and barristers who specialise in court advocacy. These are barristers or advocates with extensive expertise in appellate hearings, appearing before the Upper Tribunal on a regular basis.

Their courtroom experience is invaluable in identifying legal errors in the First-tier Tribunal’s decision and presenting those arguments effectively before a judge. We instruct them to draft the grounds of appeal and to represent you at the hearing.

Our role is to work alongside the barrister or the advocate throughout the process. We assist them in preparing your case, gathering the necessary documents, and ensuring the facts and legal background are clear. We liaise directly with them to ensure your appeal is presented in the strongest possible way, drawing on their legal judgment and advocacy experience.

By combining our knowledge of your case with their expertise in appeal hearings, we ensure you are fully supported at every stage of the process.