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  • Immigration Appeals

    Appeals to the First-Tier Tribunal-Immigration and Asylum Chamber(IAC)

     

    This is the first port of call when a UK Immigration matter is appealed. The ‘First Tier’ is the lower Immigration Tribunal (or Court). It deals with all different kinds of immigration cases from inside and outside the UK.

     

    The first stage is appealing against a negative decision is to prepare the Grounds of Appeal. Our specially trained solicitors will assess your refusal and highlight the points of argument. They will then research the areas of law and previous case law to ensure that full appeal grounds are submitted to the Tribunal.

     

    Shortly after the Grounds of Appeal are submitted, you will be given a Hearing date. This is the date when you will go to the Tribunal with your solicitor and/or barrister and a Judge will consider the case. Around 3 weeks after the Hearing the Judge will provide you with a written outcome of the Hearing. If it is successful then the Home Office or Visa Application Centre will shortly issue your status document/visa.

     

    Appeals to the Upper Tribunal –Immigration and Asylum Chamber(UTIAC)

     

    This is the higher Immigration Tribunal. Again this Tribunal deals with all different cases from inside and outside the UK. It also deals with Judicial Review matters.

     

    You will only come in front of the Upper Tribunal when a decision has been appealed from the First Tier Tribunal. Therefore, if you are unsuccessful at the first Hearing and you wish to appeal again then this will be considered by the Upper Tribunal.
    Before you are able to go in front of the Upper Tribunal, you must be granted permission to appeal. This means further grounds of appeal must be prepared to state why the decision of the First Tier Tribunal Judge was wrong.

     

    Firstly you must apply for permission to appeal from the First Tier Tribunal. If this is granted you will be given a hearing. However, if this application for permission is refused, you will be given a second bite of the cherry and can apply directly to the Upper Tribunal for permission. Again if this is granted you will be given a hearing. The Judges at the Upper Tribunal are more senior and they have the power to overrule the decision of a lower Court or Tribunal.

     

    Appeals to the Court of Appeal in the UK

     

    The Court of Appeal is the highest Appellate Court in the UK. If your case has been unsuccessful at both the First Tier Tribunal and the Upper Tribunal then you may apply to the Court of Appeal to appeal against these decisions.
    Before you are granted a Hearing in the Court of Appeal you must obtain permission. This is also in two stages as before. You must first request permission from the Upper Tribunal. However, if this is refused you can request permission directly from the Court of Appeal.

     

    If permission is granted then you will have a full Hearing in the Court of Appeal.

     

    Judicial Reviews

     

    A Judicial Review is a procedure by which a Court can review an administrative action by a public body (such as the Secretary of State) and a new decision is reached by the Court.

     

    This option is taken where the Home Office has incorrectly reached a decision or has failed to do something and the person is given no other option to dispute this decision. A Judicial Review must be based on at least one of three things; illegality, irrationality and/or procedural impropriety. It is often in Judicial Review cases against the Home Office that the decision is procedurally improper as it was not reached by fully following all the procedure that needs to be followed when an application is considered. Furthermore, it can be that Home Office decisions are irrational and unreasonable as the full case and/or evidence has not been considered. If you have been refused by the Home Office and you were not granted a right of appeal, please contact us to see if you may be able to lodge a Judicial Review against the decision.

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    • The very first job which I gave to Tremont Midwest Solicitors in London was done very professionally and efficiently. As a totally satisfied customer, I have decided to handover all rest of my legal matters to them as they are professional, capable and competent.

      S.J.L.P.Gedara, Non-Executive Director, CMS Credit Union Ltd.
    • Thank you very much for all your helpful advice which led to me getting my resident status. Since meeting with Tremont Midwest Solicitors in London we have never looked back. They are professional, approachable and extremely patient and kind, and always prompt and willing to answer all of my questions. It has given me peace of mind to know that my case is conducted so professionally. I wholeheartedly recommend Tremont Midwest Solicitors as lawyers who are able to move you efficiently through all the processes that are required by Immigration.

      Vasanthan.B