Immigration Appeals

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Your appeal form must reach the tribunal 28 calendar days after you left the United Kingdom.

If your appeal against the refusal of your application is dismissed by the Immigration Judge sitting at First Tier Tribunal, you can file an application to the First Tier Tribunal for permission to appeal to the Upper Tribunal. This application should be made to the First Tier Tribunal within 5 working days if you are inside the UK and within 28 days if outside the UK. The permission to appeal to the Upper Tribunal is made on the grounds that the Judge at First Tier Tribunal who determined the appeal made a material error of law in determining the appeal. If your appeal has been allowed, the UKVI can make similar application to the First Tier Tribunal on the grounds that the Immigration Judge made a material error of law in determining the appeal.

Applying to the First-tier Tribunal for Permission to Appeal to the Upper Tribunal

The First-tier Tribunal will provide a copy of the First-tier Permission Application form with promulgated decisions as appropriate. This form should be completed and lodged with the Tribunal no later than 14 days after the date the decision was sent to you. (The time limit is 28 days if you are outside the UK and 3 working days if the case is a fast-track case). The application will be considered by a Judge of the First-tier Tribunal, who will decide whether to grant permission to appeal to the Upper Tribunal. It is important to include with your permission application the decision of the Tribunal you wish to challenge along with the full reasons why you think the Tribunal made an error of law.

If an application for permission has been granted either by the First Tier Tribunal or by the Upper Tribunal, the Upper Tribunal will list the matter for appeal hearing to decide whether or not the Immigration Judge made a material error of law and whether or not the original decision should be set aside.

Applying to the Upper Tribunal for Permission to Appeal to the Upper Tribunal

Following a refusal of permission by the First-tier Tribunal, a further application for permission to appeal can be made to the Upper Tribunal itself. It is not possible to make an application for permission to the Upper Tribunal without having been refused permission by the First-tier Tribunal. Form IAUT -1 should be completed and lodged with the Upper Tribunal no later than 14 days after the date on which the First-tier Tribunal’s refusal of permission was sent to you. (The time limit is one month if you are outside the UK and 4 working days if the case is a fast-track case).

The application will be considered by a member of the Upper Tribunal approved by the Senior President to decide such applications.