Appeals to the Upper Tribunal
Where an appeal to the First-tier Tribunal (Immigration and Asylum Chamber) has been unsuccessful, it may be possible to challenge that decision before the Upper Tribunal. Legal representatives can assist in assessing the merits of a further appeal, preparing detailed grounds, and providing representation if permission to appeal is granted.
- No hourly fees, no surprises.
- Get the support you need, when you need it.
- Experienced lawyers, clear expectations.
Attorney coverage nationwide
Empathetic, professional and efficient
I am an executor selling my mother’s home, and the assistance I received was first-rate. The team was empathetic, professional, and extremely efficient throughout the process.
— Mark, 13 May 2025
Great service when you need clarity and calm
Our solicitor was warm, friendly, and provided crystal-clear communication. It made a complicated legal process feel simple and manageable.
— Em, 27 February 2025
Great service from our legal team
We used this firm for our conveyancing needs and the solicitor was very helpful, patient, and informative. Everything was explained clearly and the process felt stress-free.
— Kelvin, 11 April 2025
Fantastic service and experience
I had a great experience working with the team on a transfer of equity. The service was excellent, and responses were always quick and helpful.
— Em, 27 February 2025
Great service when you need clarity and calm
Our solicitor was warm, friendly, and provided crystal-clear communication. It made a complicated legal process feel simple and manageable.
— Kelvin, 11 April 2025
Appeals to the Upper Tribunal
The Upper Tribunal (Immigration and Asylum Chamber) is a superior court which reviews decisions made by the First-tier Tribunal. Its primary function is to determine whether a legal error has occurred in decisions concerning immigration matters, including entry clearance, leave to remain, and deportation.
In addition, the Upper Tribunal has jurisdiction to consider certain applications for judicial review in relation to decisions made by the Home Office, particularly in cases involving immigration, asylum, and human rights issues.
Speak to
the right
lawyer, fast
Answer a few questions on our site and instantly speak to a member of our team for a quote or request a callback at a time you choose.
Clear,
transparent
prices
We’re always open about our fees, so you’ll never pay more than you’re expecting.
Lawyers
you can
count on
Our lawyers are carefully selected for their expertise and experience, so you’re always in safe hands.
What Next?
Please leave us your details and we’ll contact you to discuss your situation and legal requirements. There’s no charge for your initial consultation, and no-obligation to instruct us. We aim to respond to all messages received within 24 hours.
Appeals to the Upper Tribunal
OVERVIEW
Specialist Advice and Representations
Our specialist appeals solicitors have regularly assisted appellants with their appeals to the Upper-tier Tribunal (IAC) and are experts in preparing and presenting appeals to the Upper-tier Tribunal (IAC). We regularly handle highly complex appeals and can leverage our expertise to assist you with your appeal to the Uppert-tier Tribunal (IAC). Our team of specialist immigration lawyers will take the time to understand your objectives, assign the right lawyer or a team of lawyers – where necessary – to your case and agree a strategy to help you achieve your objectives as cost-effectively and as quickly as possible.
Is there a right of appeal to the Upper Tribunal (IAC)?
There is no automatic entitlement to appeal to the Upper Tribunal. A party seeking to challenge a decision of the First-tier Tribunal must first obtain permission to appeal.
Only where permission is granted can the Upper Tribunal consider the case. Accordingly, a refusal by the First-tier Tribunal may only be pursued further if the applicant can demonstrate that the decision arguably involved a legal error.
Applying for Permission to Appeal to the Upper Tribunal (IAC)
An application for permission to appeal must initially be made to the First-tier Tribunal. If permission is refused at that stage, the applicant may renew the application directly to the Upper Tribunal.
Such applications must be made in writing and must clearly identify the alleged error of law in the First-tier Tribunal’s decision. It is not sufficient to simply disagree with the outcome; the challenge must be based on a demonstrable legal flaw.
In most cases, applications for permission are determined on the papers, without the need for an oral hearing. Permission will only be granted where it is arguable that the First-tier Tribunal’s decision was legally incorrect.
What is an Error of Law?
An appeal to the Upper Tribunal must be founded on an “error of law” in the First-tier Tribunal’s decision. This may arise in a variety of circumstances, including where the Immigration Judge has:
- Misapplied or misinterpreted the Immigration Rules
- Failed to take into account material evidence
- Reached findings unsupported by sufficient evidence
- Delivered a decision that conflicts with binding authority from a higher court
- Adopted a procedurally unfair approach
Establishing an error of law requires careful legal analysis and a detailed understanding of immigration law principles. For this reason, it is advisable to seek specialist legal advice when considering whether to pursue an appeal to the Upper Tribunal.
Time Limits for Appealing to the Upper Tribunal
Applications for Permission to Appeal to the First-tier Tribunal
As a preliminary step, any application for permission to appeal to the Upper Tribunal must first be submitted to the First-tier Tribunal. Where the applicant is present in the UK, the application must be received by the First-tier Tribunal within 14 days from the date on which the written reasons for the decision were issued.
For applicants outside the UK, the relevant time limit is extended to 28 days from the date the written reasons for the decision were sent. If an application is submitted after the applicable deadline, it may still be considered if an extension of time is requested. In such cases, the applicant must provide written reasons explaining the delay and include a formal request for an extension alongside the grounds of appeal. The First-tier Tribunal will then determine whether it is appropriate to admit the application out of time.
These time limits are calculated in calendar days. However, where the final day falls on a non-working day, an application will be treated as having been submitted in time if it is received on the next working day. For the purposes of the First-tier Tribunal, the deadline is midnight on the relevant day.
Applications for Permission to Appeal to the Upper Tribunal
If the First-tier Tribunal refuses permission to appeal, the applicant may renew the application directly to the Upper Tribunal. In such circumstances, the following time limits apply:
- Applicants in the UK must file their application within 14 days of the date on which the First-tier Tribunal’s refusal of permission was issued
- Applicants outside the UK must submit their application within one calendar month from the date the refusal notice was sent
As with applications to the First-tier Tribunal, it is possible to request an extension of time where the deadline has been missed. The applicant must provide reasons for the delay and include a formal application for an extension alongside the grounds of appeal. The Upper Tribunal will then decide whether to accept the late application. Again, time limits are calculated in calendar days. If the final day falls on a non-working day, submission on the next working day will be considered in time. In the Upper Tribunal, the relevant deadline is 5:00pm on that day.
Where Permission to Appeal Is Granted
If permission to appeal is granted, the matter will ordinarily proceed to an error of law hearing before the Upper Tribunal. The Tribunal will issue directions in advance of the hearing, which must be complied with by the parties.
At the hearing, the Upper Tribunal will consider whether the First-tier Tribunal’s decision involved a material error of law. The Tribunal may deliver its decision orally at the conclusion of the hearing or reserve its judgment. In all cases, a written determination with reasons will be provided, typically within 28 days of the hearing date.
Outcome of a Successful Appeal
Where the Upper Tribunal concludes that the First-tier Tribunal erred in law, it has two principal options:
- To set aside the original decision and substitute its own determination; or
- To remit the case to the First-tier Tribunal for a fresh hearing
It should be noted that the Home Office may seek permission to appeal to the Court of Appeal if it considers that the Upper Tribunal itself has made an error of law.
Outcome of an Unsuccessful Appeal
If the Upper Tribunal finds that no error of law was made by the First-tier Tribunal, the appeal will be dismissed and the original decision will remain in force.
However, where there is an arguable error of law in the Upper Tribunal’s decision, it may be possible to seek permission to appeal to the Court of Appeal. Identifying such an error requires detailed legal analysis, and professional advice is often advisable.
Refusal of Permission to Appeal by the Upper Tribunal
In circumstances where the Upper Tribunal refuses permission to appeal, it may be open to the applicant to challenge that refusal by way of judicial review. This type of challenge is commonly referred to as a “Cart judicial review”. To pursue such a claim, the applicant must demonstrate that the decision involved an error of law and that the case raises an important point of principle or practice, or that there is another compelling reason for it to be considered. The claim must be filed promptly and, in any event, no later than 16 days from the date on which the Upper Tribunal’s decision was sent. Given the complexity of these proceedings, obtaining specialist legal advice is strongly recommended when considering further challenge options.
How Can Our Immigration Lawyers Help You?
Our team of specialist immigration lawyers can assist you in relation to your appeal to the Upper Tribunal (IAC) through expert legal advice, guidance, and representation on a fixed fee basis. Our fixed fee covers all the work in relation to your appeal to the Upper Tribunal from initial instructions until a decision is reached on your appeal by the Upper Tribunal.
Why Choose Our Specialist Immigration Lawyers?
Our expert immigration lawyers have a wealth of experience in appeals to the Upper Tribunal (IAC) and have successfully assisted many appellants with appeals before the Upper Tribunal (IAC). Below is a summary of reasons why we are different and are the right fit for you:
High Quality Advice and Representations
Our team of specialist immigration lawyers handle each case with great care and attention to detail from outset to its conclusion. Our expert immigration lawyers will ensure that your case if progressed in a timely manner and that you receive the highest quality legal advice and representation throughout the life of your retainer. The quality of service provided by our team of specialist immigration lawyers are self-evident from our Google review.
High Quality Advice and Representations
Our team of specialist immigration lawyers can provide you with excellent advice, guidance and legal representations remotely using modern means of communication. Whilst our expert immigration lawyer can meet you face to face in our offices at the heart of London, where a face-to-face meeting is not possible or convenient, our lawyers can represent you remotely without the need for you to attend our offices. Our expert immigration lawyers have successfully represented clients remotely from all four continents without their needing to attend our offices for a face-to-face meeting and can also represent you remotely if necessary.
Specialist Advice and Representation
If instructed, your matter will be assigned to a lawyer with specialist knowledge of immigration law who will handle your matter from initial instructions to its conclusion, and where necessary – such as in complex matters – your immigration lawyer will be assisted by other immigration lawyers to ensure the best possible legal advice and representation.
Fixed Fees With Payment Plan
To help you with certainty regarding the costs of your legal representation, we provide services for a reasonable and affordable fixed fee. To further help our clients manage the costs associated with their application, we can offer an instalment plan so that you can pay your fixed fees in instalments. Please do note, however, that all instalments must be completed before you enrol your biometrics.
Free Immigration Advice Online
Our team of specialist immigration solicitors and lawyers can provide you one-off advice completely free of charge via our online enquiry form.
Legal support. Made Simple.
- Clear prices, at every step
- Experienced lawyers you can trust
- Support that keeps things moving
With straightforward pricing - so you know exactly what to expect at every step.
From Our Blog: IP, Privacy & Commercial Insight
Want to learn more about protecting your business secrets and data? Our blog offers insights into legal protection for trade secrets, NDAs in practice, and smart commercial agreements for businesses of all sizes.
