If your application for asylum is refused, you will have an automatic right to appeal this decision. This appeal process will enable you to provide new information that was not previously available to you. Usually, the deadline for submitting an asylum appeal is very strict and it needs to be submitted within a certain period of time otherwise you will lose this right.
First Tier Tribunal
Once the appeal is submitted you will in due course be notified of a hearing date. This hearing will take place at a First Tier Tribunal. In many cases, legal aid funding may be available for you to be represented at your appeal hearing.
Upper Tier Tribunal
In the event that your immigration appeal before the First Tier Tribunal is refused, you may be able to apply for permission to appeal the same decision before the Upper Tier Tribunal. The Upper Tier Tribunal will look at the decision made by the First Tier Tribunal, consider all the evidence that was provided in the first appeal hearing and then make a fresh decision – whether this be to refuse the appeal again or to grant it.
A written application can be submitted to the Upper Tier Tribunal to argue that the First Tier Tribunal made an incorrect decision due to an error of law. If the Upper Tier Tribunal agrees that there was an error of law made by the previous tribunal then a further hearing can be conducted to argue that point. Often this happens when an Immigration Judge has failed to fully take into account important evidence or where he has failed to apply the correct legal principles or where his decision does not informatively set out how he reached this outcome.
If you are in an immigration removal centre or a detention centre, you can apply for immigration bail. You will be presented before a Judge who will make the final decision on whether you should be granted bail.
You may be eligible for Legal Aid funding to help you present your case to immigration authorities when requesting to be released on bail whilst your immigration case is being determined.
Court of Appeal
The Court of Appeal is the second most senior court in England and Wales. Not only does this Court hear appeals against certain decisions by the Upper Tier Tribunal, but they also handle applications for
permission to appeal to the Upper Tier Tribunal. If you are unhappy with the decision made by the Upper Tier Tribunal, the final route of appeal would be to the Court of Appeal.
Once again, legal aid funding can be looked into for legal representation before this Court.
Our specialist lawyers are committed to this type of work and will dedicate extensive time towards scrutinising and analysing the Court’s decision to ensure that our clients are getting a fair hearing. Our lawyers have the perfect attention to detail which is required in checking that there has not been any failure in considering important evidence and in ensuring that the Judge has provided adequate reasoning for his decision.
At Kalsi Solicitors we will also check your eligibility for legal aid at every aspect to ensure we can assist you with funding your case. If Legal Aid funding is not available, our lawyers can discuss other options available to you to cover the cost of your appeal.