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