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The Upper Tribunal

This section deals with appealing First-tier Tribunal refusals at the Upper Tribunal.

If your appeal is refused at the First-tier Tribunal, you can apply for permission to appeal at the Upper Tribunal if you think the First-tier Tribunal judge made an error in the way they applied the law in deciding your case.

courts

The Upper Tribunal is also where most asylum and immigration judicial reviews are now heard, but this section does not deal with judicial reviews. For information on judicial reviews at the Upper Tribunal, see the judicial review section.

Errors of law

In applying for permission to appeal a dismissal by the First-tier Tribunal of your appeal, you would need to demonstrate that the judge in the First-tier Tribunal made an error of law in their determination (decision).

Examples of errors of law include:

It is essential that when applying for permission to appeal, you set out how you believe the First-tier Tribunal made an error in law. You cannot simply say you disagree with their decision.

Permission

You do not have the automatic right to appeal at the Upper Tribunal if the First-tier Tribunal dismissed your appeal. You need to apply for permission first.

1. Apply for permission at the First-tier Tribunal

First, you apply to the First-tier Tribunal for permission to appeal at the Upper Tribunal.

To apply for permission from the First-tier Tribunal to appeal at the Upper Tribunal, you need to fill out a form called IAFT- 4.

You should be sent a form with a copy of the First-tier Tribunal's refusal of your case. You can also find it, along with guidance notes, at the tribunal website.

iaft4 form

If you are filling out the form by hand, you should use black ink and write in BLOCK CAPITALS. Alternatively, you can fill the pdf form out on a computer, depending which software you have (for example, if you download the form and use Adobe Reader software).

You send the completed form by fax, email or post to the First-tier Tribunal. The postal address is: First-tier Tribunal (Immigration and Asylum Chamber), PO Box 7866, Loughborough, LE11 2XZ. The fax number is 0870 739 4053. If you send your form by email, the size of documents attached should not exceed 17MB. The email address is IAFT4@hmcts.gsi.gov.uk

If you have queries about your application after you have sent it, you can either write to the postal address above, telephone 0300 123 1711 or email Customer.Service@hmcts.gsi.gov.uk

Check for up-to-date details at the tribunal website.

The application form asks you to state both what error(s) of law you consider the First-tier Tribunal has made, and also and the result you are seeking.

You can attach additional sheets of paper if you need to write more than will fit in the space on the application form.

When you send your permission application, you also need to send a copy of the First-tier Tribunal refusal you wish to challenge, along with the full reasons why you think the Tribunal made an error of law (including supporting documents/evidence where relevant).

Usually, an application to the First-tier Tribunal for permission to appeal at the Upper Tribunal is decided on the papers, without an oral hearing.

Time limits

If you are in the UK, you must submit your application for permission within 14 days of the date on the written dismissal of your appeal from the First-tier Tribunal.

If you are outside of the UK, the time limit is 28 days.

If you miss these deadlines, you may be able to apply for an "out-of-time" appeal but you would have to have good reasons for doing so, and explain these in your application for permission.

Fees

There is currently no fee to appeal to the Upper Tribunal.

2. Apply for permission at the Upper Tribunal

If the First-tier Tribunal do not grant you permission to appeal at the Upper Tribunal, you can apply directly to the Upper Tribunal for permission to appeal there.

To apply for permission directly from the Upper Tribunal, you need to complete a form called IAUT-1. You can find the form, and guidance notes, at the Tribunal website.

iaut1 form

You send the completed form by fax or post to the Upper Tribunal. The postal address is: Upper Tribunal (Immigration and Asylum Chamber), IA Field House, 15-25 Breams Buildings, London EC4A 1DZ. The fax number is 0870 3240111.

If you are detained you will need to submit the application to your detention centre.

See the tribunal website for up-to-date information.

Time limits

If you are in the UK, the form should be completed and sent to the Upper Tribunal no later than 14 days after the date on which the First-tier Tribunal’s refusal of permission was sent to you.

If you are outside of the UK, the time limit is one month.

The time limits are even shorter if the First-tier Tribunal's decision was emailed to you or handed to you in person, rather than posted. Contact the Tribunal to ask them about time limits if this is the case for you.

If you send the application to the Upper Tribunal so that it will arrive later than the deadline, your application must include a request for an extension of time and explanation of why you were unable to send it in time. The Upper Tribunal will consider whether they will accept these reasons and grant you permission for an "out of time" appeal.

Your application for permission