Appeal to Upper Tribunal following Grant of Permission to Appeal on an Error of Law

Appeal to Upper Tribunal following Grant of Permission to Appeal on an Error of Law

After permission to appeal has been granted, 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.

Our service consists of the following:

• Advice on procedures and appraising relevant documents
• Advice on strength and weaknesses of your case
• Representing you before the Upper Tribunal on the date of appeal hearing
• Liaison with the Upper Tribunal until decision by the Upper Tribunal on your appeal

After the hearing, the Upper Tribunal has the power to overrule the decision and make its own judgement or order the First-tier Tribunal to hear the case again.