First Tier Tribunal (Immigration And Asylum Chamber)
Immigration issues can be overwhelming, especially when your application is refused, and you’re faced with the daunting task of an appeal.
The First Tier Tribunal (Immigration and Asylum Chamber) is often the first step in challenging a Home Office decision, providing an opportunity to present your case. However, understanding the tribunal process can be incredibly challenging.
Whether you’re appealing a visa refusal, a deportation order, or an asylum claim denial, the First Tier Tribunal is your avenue to seek justice and potentially overturn an adverse decision.
At Lawhive, we understand the pressures and complexities involved in immigration appeals.
Our platform combines the latest technology with expert legal services, providing access to experienced immigration lawyers at a fraction of the cost of traditional firms.
Our network of immigration specialists is here to offer tailored advice and support throughout your tribunal journey. From understanding the reasons for your initial refusal to putting together a powerful appeal, we make sure you have the best possible chance of success.
Contact Lawhive today for a free case evaluation and discover how our expert immigration lawyers can help you navigate the First Tier Tribunal with confidence.
What is The First Tier Tribunal (Immigration and Asylum Chamber)?
The First Tier Tribunal (Immigration and Asylum Chamber) is a specialised court that hears appeals against decisions made by the Home Office regarding visas, asylum, and other immigration matters.
Who can appeal to The First Tier Tribunal (Immigration and Asylum Chamber)?
Not everyone who receives a negative immigration-related decision is eligible to appeal to the First Tier Tribunal.
You may be able to appeal to the First Tier Tribunal if:
You’ve applied for a visa to enter the UK and it has been refused;
You applied for leave to remain in the UK and your application was refused;
You applied for asylum and your claim was rejected;
You have been denied humanitarian protection or other forms of international protection;
The Home Office decides to revoke your refugee status;
Family members of EU, EEA, or Swiss nationals have been refused a Family Permit or Residence Card under the EU Settlement Scheme;
You are an individual who has retained their rights under EU law and your application for residence was refused;
Your application for leave to enter or remain in the UK based on human rights is refused;
You’re facing deportation and believe it violates your human rights;
You’ve applied for recognition as a stateless person and been refused;
You disagree with a decision related to your British citizenship application.
How do I lodge an appeal with the First Tier Tribunal?
Firstly, you should confirm that you have the right to appeal the decision. The decision letter from the Home Office will tell you if you do and the grounds on which you can do so.
If you do have the right to appeal, you should complete the appropriate form for your appeal. In this form you should clearly state the reasons for your appeal, explaining why you believe the Home Office decision is wrong. This may include errors in law, factual inaccuracies, or new evidence.
Once you have submitted your appeal and it has been processed, a hearing will be scheduled in which you will be required to present your arguments and evidence to the Tribunal.
What documents do I need to submit with my tribunal appeal?
When lodging an appeal with the First Tier Tribunal (Immigration and Asylum Chamber), essential documents to include with your appeal are:
Correctly completed IAFT form with personal and case details.
A copy of the decision letter you are appealing against.
A copy of your passport, travel document, or other accepted ID.
Documents that support the grounds for your appeal.
New or updated information relevant to your case.
Evidence of appeal fee payment or fee waiver application.
Personal and witness statements.
How much does it cost to lodge an appeal with the First Tier Tribunal?
The fee for appealing is typically £140 for an oral hearing or £80 for a paper hearing.
You can pay the fee online when you submit your appeal form, or include payment details or check with your appeal form if submitting by post.
How long do I have to make an appeal to the First Tier Tribunal?
If you are in the UK, you generally have 14 days from the date you receive the Home Office decision to lodge your appeal.
If you are outside the UK, you usually have 28 days from the date you receive the decision to lodge your appeal.
For those in detention, the appeal must typically be lodged within 5 days of receiving the decision.
How long does the tribunal appeal process take?
The tribunal appeal process typically takes several months, with each stage involving specific timelines and activities. The overall duration can range from a few months for straightforward cases to over a year for more complex appeals.
After you appeal, the Tribunal may conduct a case management review to discuss procedural issues, set timelines, and determine the need for additional evidence or expert testimony. Then, once pre-hearing procedures are complete, the Tribunal will schedule a hearing date. This can take a few weeks to several months, depending on the Tribunal’s caseload and the complexity of your case.
The Tribunal usually issues a written decision within 4 to 8 weeks after the hearing. In some cases, the judge may give an oral decision at the end of the hearing.
Can I represent myself at the First Tier Tribunal?
You have the right to represent yourself in the First Tier Tribunal (Immigration and Asylum Chamber) without hiring a solicitor or barrister.
This is known as acting as a “litigant in person,” and means you will handle all aspects of your case, from preparing documents to presenting arguments at the hearing.
Representing yourself at the First Tier Tribunal is possible and viable if you are well-prepared, confident, and understand the legal requirements and processes involved.
That being said, if you decide you need professional support, our network of experienced immigration solicitors is here to help. Contact us today for a free case evaluation and quote for the services of a specialist lawyer.
What happens at a First Tier Tribunal hearing?
A hearing at the First Tier Tribunal (Immigration and Asylum Chamber) is a formal legal proceeding where you present your case to challenge a decision made by the Home Office. It’s your opportunity to argue why the decision should be overturned.
Here’s a step-by-step walkthrough of what to expect at the hearing:
The Tribunal clerk or usher will announce your case and call you into the courtroom.
The judge will introduce themselves and explain the hearing’s format.
The judge will ask you to confirm your identity and state your role in the appeal.
The judge will give a brief overview of the case, summarising the decision being appealed and outlining the main issues to be addressed.
You or your representative will present an opening statement, outlining the key arguments and issues in your case.
You or your representative will present your documents and evidence to support your case.
If you have witnesses, they will provide their statements and answer questions from both sides.
The Home Office representative (often a presenting officer) will present their arguments and evidence to support the original decision.
You or your representative will have the opportunity to cross-examine the Home Office’s witnesses.
You or your representative will provide a closing statement.
The Home Office representative will also make a closing statement.
The judge will explain the next steps and how the decision will be communicated.
What are the potential outcomes of a First Tier Tribunal hearing?
There are two possible outcomes of a First Tier Tribunal hearing.
Appeal allowed: If the Tribunal allows your appeal, the Home Office decision is overturned, and you may be granted the visa, leave, or protection you sought.
Appeal dismissed: If the Tribunal dismisses your appeal, the Home Office decision stands. You may need to consider further legal options, such as appealing to the Upper Tribunal.
Can I appeal a First Tier Tribunal decision?
If the First Tier Tribunal (Immigration and Asylum Chamber) decision is not in your favor, you can appeal to the Upper Tribunal.
However, you can only appeal to the Upper Tribunal if you believe there was an error of law in the First Tier Tribunal's decision.
This means that the judge may have misinterpreted or misapplied the law, failed to consider relevant evidence, or made an irrational decision based on the facts presented.
You must apply for permission to appeal within 14 days of receiving the written decision if you are in the UK, or within 28 days if you are outside the UK.
If permission to appeal is granted, you must complete a notice of appeal form to proceed with your appeal to the Upper Tribunal.
If the First Tier Tribunal judge refuses permission, you can apply directly to the Upper Tribunal for permission to appeal. This must be done within 14 days of receiving the refusal notice if you are in the UK, or 28 days if you are outside the UK.
Can I appeal a deportation or removal order to the First Tier Tribunal?
You can appeal a deportation or removal order to the First Tier Tribunal (Immigration and Asylum Chamber) if:
Your deportation or removal would breach your right to family or private life under Article 8 of the European Convention on Human Rights.
You believe your deportation or removal would breach other human rights protections, such as those against inhuman or degrading treatment (Article 3).
You have claimed asylum and it was refused, but you believe your deportation would put you at risk of persecution or serious harm.
You have been refused humanitarian protection but believe your removal would expose you to significant risk.
You are an EU national or a family member of an EU national and believe your deportation violates your rights under EU law.
You believe the deportation or removal order is based on incorrect legal grounds or procedural errors by the Home Office.
It’s important to note that simply disagreeing with a decision is not enough; you must demonstrate that the deportation or removal breaches your legal rights.
How can a solicitor help me with my First Tier Tribunal appeal?
The First Tier Tribunal (Immigration and Asylum Chamber) can be complex and challenging, particularly when dealing with critical matters such as visa refusals, deportation orders, or asylum claims.
Engaging an immigration solicitor can provide significant advantages and increase your chances of a successful outcome.
A solicitor can assess the strengths and weaknesses of your case, explaining the legal grounds you can appeal on and whether you have a viable case to proceed.
A solicitor can also help you gather the necessary documents and evidence to support your case, prepare for the hearing, and represent you at the hearing.
After the hearing, a solicitor can help you understand the Tribunal’s decision and advise on the next steps.
Get legal help with a First Tier Tribunal appeal
Whether you’re contesting a visa refusal, deportation order, or asylum claim denial, the First Tier Tribunal (Immigration and Asylum Chamber) offers a key opportunity to challenge the Home Office's decision on your case. However, understanding the complex procedures and presenting a compelling case can be overwhelming without expert guidance.
Lawhive is here to simplify this process. Our platform combines advanced technology with expert legal services, offering you access to experienced immigration lawyers at a fraction of the cost of traditional firms.
Our dedicated network of specialists provides tailored advice and support, ensuring you have the best possible chance of a successful outcome.
Why choose Lawhive for your Tribunal appeal?
Expert legal guidance: Benefit from the expertise of our seasoned immigration solicitors who understand the nuances of the Tribunal process.
Cost-effective legal services: Access top-tier legal services without the high costs associated with traditional law firms.
Comprehensive support: Receive end-to-end assistance, from document preparation to representation at your hearing.
Don’t let an unfavorable Home Office decision dictate your future.
Contact us today for a free case evaluation and discover how our expert immigration lawyers can help you confidently navigate the First Tier Tribunal.