After an application for permission to appeal to the Upper Tribunal is successful and permission to appeal has been granted either by the First Tier Tribunal or by the Upper Tribunal, the Upper Tribunal may rehear the appeal to decide whether or not there was a material error of law made by the Immigration Judge who determined the appeal at First Tier Tribunal.
The Upper Tribunal has the power to rehear the appeal and determine the appeal themselves and either maintain the decision of the Immigration Judge or set aside the same and make a new decision. In some cases, the Upper Tribunal may remit the appeal back to the First Tier Tribunal after deciding that there was a material error of law in the appeal determination of the Immigration Judge.
We can represent you in your appeal to the Upper Tribunal after permission to appeal has been granted either by the First Tier Tribunal or Upper Tribunal and do all the work until decision by the Senior Immigration Judge at the Upper Tribunal on your appeal. Our work will include:
- considering the grounds on which permission has been granted and discussing the same with the client;
- discussing chances of success in appeal following grant of permission;
- advising you on the relevant requirements, relevant laws and procedures;
- advising you on the relevant documents to be submitted in support of your appeal;
- considering the contents of such documents and discussing the same with you;
- advising you on the weaknesses and strengths of your appeal;
- preparing skeleton arguments to be submitted in support of the appeal and serve the same on the Upper Tribunal and the Home Office Presenting Officers Unit;
- considering the contents of the skeleton arguments served on us by the Home Office Presenting Officers Unit;
- representing you before the Upper Tribunal on the date of appeal hearing, if the matter is listed for hearing;
- liaising with the Upper Tribunal and do all the follow up work until decision by the Upper Tribunal on your appeal.
Our fees for appeal to the Upper Tribunal after the grant of permission to appeal are as given in the fee table below:
|Casework Stage||Our Fee|
|One-off immigration consultation/advice for on your appeal matter||£80 (inclusive of VAT)|
Full service for your immigration appeal to to the Upper Tribunal after grant of permission to appeal to cover all our work until a written decision is recieved from the Upper Tribunal deciding on error of law issue
|From £1,000 + VAT To £1,500 + VAT|
The agreed fixed fee will depend on the complexity of your immigration appeal and the volume of casework involved in the appeal. In addition to our fixed fee for your immigration appeal, you will also have to pay the Barrister's fee for representing you in appeal hearing at the Upper Tribunal - error of law hearing.