The UK Visa Appeal procedure can be complex. Our specialist lawyers are highly experienced and can assist with the application and represent you at an Upper-Tier Tribunal, helping guide you through the appeal process and increasing your chances of success.
There are two immigration Tribunals in England and Wales. The First-Tier Tribunal and the Upper Tribunal.

What is an Upper Tribunal?

The Upper Tribunal is the name of the Tribunal that hears cases where the appeal was refused by the First-Tier Tribunal. The Judge will either decide there and then or may make their decision at a later date.

Upper Tier Tribunal Appeals Procedure

The Upper Tribunal is responsible for handling appeals against decisions made by the First-Tier Tribunal relating to visa applications, asylum applications and the right to enter or remain in the UK.

They also handle applications for judicial review of decisions made by the Home Office. In applying for permission to appeal a dismissal by the First-Tier Tribunal, we will need to demonstrate that the Judge in the First-Tier Tribunal made an error of
law.

The First-Tier Tribunal may have overlooked important evidence or may have made a decision when there was no evidence.

Should you wish to go ahead with an Upper Tier Tribunal Appeal, the application must be submitted within five days following the First-Tier Tribunal’s rejection of your application.

You do not have an automatic right to appeal to the Upper Tribunal and therefore you’ll need to seek permission first. It is vital that when applying for permission to appeal to the Upper Tribunal, you receive expert advice in identifying the error of law.

If permission is refused you may apply for judicial review of the refusal of permission to appeal to the Upper Tribunal, if you can demonstrate an error of law that raises an important point of principle.

If you are granted permission to appeal to the Upper Tribunal there will be either a hearing before one or more Upper Tribunal Judges or the case may be decided without an oral hearing and on the papers available.

When submitting written submissions and setting out of your arguments and evidence it is advised that you take expert advice.

Upper Tier Tribunal Appeals Procedure

Can You Appeal an Upper Tribunal Decision?

If you were granted permission to appeal at the Upper Tribunal and your case was heard but the Judge decided that the First-Tier Tribunal did not make an error of law, then there is an option of appealing that finding at the Court of Appeal. However, you will need to apply for permission to do so.

How We Can Help?

Our specialist appeals service includes the following services:

  • Preparation of all witness statements
  • Preparation and advice on all documents you may need to get in preparation for your appeal
  • Advice on the merits of your appeal
  • Appearance at court comprising advocacy and representation by one of our specialist immigration solicitors or, if required, a highly experienced barrister
  • Comprehensive advice in preparation of the appeal
  • Comprehensive court bundle following courts directions
  • Advising you and your witnesses in preparation for the hearing
  • Ensuring that the Home Office comply with their responsibilities to the Asylum & Immigration Tribunal and any decisions made by the Tribunal
  • In the event of an unsuccessful appeal, advising you on the next steps (further appeals including Judicial Review at the High Court) and the merits and costs implications.

If we believe that your immigration appeal case is likely to be unsuccessful then we are always honest and transparent and will always tell you. We strive to offer all our immigration clients a comprehensive One-Stop service, giving your appeal the best chance by having a deep understanding of every aspect of your case.

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People rely on us, and we pride ourselves on our client-centered advocacy and representation.

Why Choose Us?

Our specialist Tribunal representation solicitors will be by your side throughout all stages of your Immigration Appeal. They will discuss the history of the case and present you with options on how to proceed. Legal advice should always be sought before an application is submitted, the case must be argued well and in detail to show evidence that you meet the requirements. Our solicitors have many years of experience in dealing with all types of visa and immigration matters. They will expertly guide you in all aspects of your case and are ideally positioned to explain any complexities and can represent your position robustly in order to achieve your desired outcome.

We have helped many individuals across the country through the sensitive and complex process of Tribunal Representation.

How to Get in Contact

Please call us on 01234 350 244 or email us at info@dvsolicitors.com for further information and advice about our family visa application services. We will happily provide you with a free initial discussion about your individual circumstances.
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