Application To Upper Tribunal Or High Court For Permission To Appeal Court Of Appeal
If an application for permission to apply for Judicial Review is refused on papers and the case is certified as completely without merit either by the Upper Tribunal or by the High Court (Administrative Court), the applicant/claimant can challenge such decision of the Upper Tribunal or High Court, as the case may be, by filing an application to the Upper Tribunal or High Court seeking permission to appeal to the court of appeal.
It is pertinent to note that where application for permission to apply for Judicial Review made on papers is refused and the application is certified as completely without merit, it is not possible to apply for further permission application for Judicial Review at an oral hearing and the applicant is only left with the option of applying to the Upper Tribunal or High Court, as the case may be, for permission to appeal the Court of Appeal.
How Can We Help?
If instructed to represent you regarding your application to the Upper Tribunal or High Court for permission to appeal to the Court of Appeal following refusal of your application for permission to apply for Judicial Review whereby the Judge has declared the case as completely without merit, the immigration casework to be carried out by our immigration solicitors will include the following:
- Considering the decision of the Upper Tribunal or High Court, as the case may be, to assess whether or not the decision of the Judge to declare the case as completely without merits is in accordance with law;
- Discussing your permission application in detail with you and advising you about the weaknesses and strengths of your application to the Upper Tribunal or High Court for permission to appeal to the Court of Appeal;
- Preparing a Brief to Counsel and instructing a Barrister for grounds to be prepared to be submitted in support of the application for permission to appeal to the court of appeal;
- Preparing a cover letter to introduce and support the permission application;
- Filing the permission application along with all the supporting documents including the grounds prepared by the Barrister;
- Keeping you informed about the progress in your application for permission to appeal to the Court of Appeal;
- Doing all the follow up work until decision is reached by the Upper Tribunal (UT) or High Court, as the case may be, on your permission application.
How Much We Charge?
Unless your matter is very complicated, our fees for an application to the Upper Tribunal or High Court, as appropriate, for permission to appeal to the Court of Appeal are as given in the fee table below:
| Casework Stage | Our Fee | Hourly Rate |
| Full service for your application to the Upper Tribunal or High Court, as appropriate, for permission to appeal to the Court of Appeal to cover all our work until decision by the Court of Appeal on your permission application | From £1000 + VAT To £3,000 + VAT | From £150 + VAT To £350 + VAT Per Hour |
The agreed fixed fee or hourly rate fee will depend on the complexity of your permission application and the volume of casework involved in the permission application. In addition to our fee for your permission application, you will also have to the pay the court fee and the Barrister’s fee for preparing grounds in support of the permission application.
