If the permission to appeal to the First-tier tribunal is refused you may then apply for permission to appeal to the Upper Tribunal.
The permission to appeal to the Upper Tribunal can only be made on the point of error of law, if you feel that the finding of the First-tier tribunal Judge is wrong and the Learned Immigration Judge has made an error on point of law when determining the appeal you can then apply for permission to appeal to the Upper Tribunal.
Once you apply for permission to appeal to the Upper Tribunal then the Upper Tribunal judge may or may not grant you the permission to appeal to the Upper Tribunal, however, if the permission will be granted for appeal to the Upper Tribunal then there will be either a hearing before one or more than one Upper Tribunal Judges or the appeal will be determined without a hearing.
If the Upper tribunal Judge finding were that the First-tier tribunal judge has made a material error of law then the permission to appeal to the Upper Tribunal will be granted.
A most common error on the decision made by the First tribunal Judges are:
a) Failed to implement the immigration rules
b) Failed to exercise the discretionary powers
c) Failed to follow a binding decision of the higher court
d) Overlooked important evidence
In some of the appeal, Upper tribunal Judges remit the matter back to the First-tier tribunal Judges to rehear the Appeal and determined it again.
Why Choose Asher & Tomar Solicitors:
Our team of expert Immigration Solicitors based in London and Cardiff can advise and represent your complex immigration matter (Immigration Appeal to the Upper Tribunal) at every stage from, entry clearance officer, home office, immigration tribunals, upper tribunal field house, Court of Appeal and Supreme Court.
Our expert Immigration Solicitors will endeavour to deliver the best outcome of your complex Immigration appeal to the Upper Tribunal and have dealt with numerous Immigration appeals to the Upper Tribunal