- Page Contents
- Overview
- Appeals To The First Tier Tribunal (FTT)
- Appeals To The Upper Tribunal (UT)
- Cart Judicial Review (JR)
- Appeal To The Court Of Appeal
- Appeal To The Supreme Court
You can challenge the refusal decision by way of an immigration appeal if your immigration application has been refused by the Home Office UKVI. Our expert team of immigration appeals solicitors can help you challenge the refusal decision of the Home Office UKVI by representing you in your immigration appeal.
Appeals To The First Tier Tribunal (FTT)
Under section 82 of the Nationality, Immigration and Asylum Act 2002 a person may appeal to the Tribunal where a decision has been made to either:
- refuse a protection claim
- refuse a human rights claim
- revoke protection status
If you are appealing from inside the UK, the appeal should be filed within 14 days after the receipt of notice of decision and if you are appealing from outside the UK, the appeal should be filed within 28 days after the date of the receipt of the notice of decision. In certain cases, an applicant who made an in-country application may be granted out of country right of appeal which the appellant should file with the First Tier Tribunal within 28 days after leaving the UK.
Follwing are the various appeals which can be filed with the First Tier Tribunal against decisions of the Home Office, UKVI:
- Entry Clearance Appeals
- Immigration Appeal Against Refusal Of In-Country Applications
- Appeal To First Tier Tribunal After Leaving The UK
Appeals To The Upper Tribunal (UT)
The Upper Tribunal (Immigration and Asylum Chamber) (UTIAC) is a superior court of record dealing with appeals against decisions (which are called determinations) made by the First-tier Tribunal (Immigration and Asylum Chamber) (F-tT). One of its principal purposes is to hear and decide appeals against decisions made by the First-tier Tribunal in matters of immigration, deportation, asylum, nationality and human rights. The Upper Tribunal (UT) will decide whether or not the First Tier Tribunal (FTT) judge made a material error of law in determining the immigration appeal in question.
As specialist appeal laywers for UK immigration, we can provide expert legal help and assistance for the following matters involving appeal to the Upper Tribunal (UT):
- Application To First Tier Tribunal For Permission To Appeal To Upper Tribunal
- Application To Upper Tribunal For Permission To Appeal To Upper Tribunal
- Appeal To The Upper Tribunal After Grant Of Permission
CART Judicial Review (JR) Against The Upper Tribunal (UT)
A Cart JR is a legal challenge by way of Judicial Review proceedings against a decision made by the Upper Tribunal (UT), Immigration and Asylum Chamber, to refuse permission to challenge a First-Tier Tribunal determination/decision, in circumstances where there is no further right of appeal to the Court of Appeal. It is a challenge based on a ruling from the Supreme Court in a challenge brought by someone called Cart.
A Cart JR needs to be brought within 16 days of the UT decision, rather than 3 months, as is the case with most other judicial reviews, and, crucially, the 16 days start on the date on which the Upper Tribunal permission refusal was sent.
Following are various stages of CART JR to challenge the decision of the Upper Tribunal refusing permission to appeal to the Upper Tribunal:
- On Papers Application To High Court For Permission To Apply For Cart JR
- Application For Renewal Of Permission For Cart JR At An Oral Hearing In High Court
- Substantive Cart JR Hearing In High Court After Grant Of Permission
Immigration Appeal To The Court Of Appeal
After the appeal to the Upper Tribunal (UT) has been dismissed by the Immigration Judge at the Upper Tribunal (UT), the determination of the Upper Tribunal Judge can be challenged by appealing to the Court of Appeal (Civil Division). To appeal to the Court of Appeal, permission to appeal should be granted either by the Upper Tribunal (UT) or by the Court of Appeal itself.
As specialist appeal laywers for UK immigration, we can provide expert legal help and assistance for the following matters involving appeal to the Court of Appeal:
- Application To Upper Tribunal For Permission To Appeal To Court Of Appeal
- Application To Court Of Appeal For Permission To Appeal To Court Of Appeal
- Immigration Appeal To The Court Of Appeal After Grant Of Permission
Immigration Appeal To The Supreme Court
An appeal to The Supreme Court from any order or judgment of the Court of Appeal in England and Wales or in Northern Ireland may only be brought with the permission of the Court of Appeal or of The Supreme Court. An application for permission to appeal must be made first to the Court of Appeal. If that Court refuses permission, an application may be made to The Supreme Court.
Following are various stages of an immigration appeal to the Supreme Court to challenge the decision of the Court of Appeal: