Appealing a decision

British Visa Entry And Exit Stamp In PassportIf you have been involved in a case where you have been refused asylum, entry or leave to remain in the UK or you face deportation from the UK, you will have the opportunity to appeal the decision to try to change it. The Tribunal Service for Immigration and Asylum is able to hear appeals from immigration, asylum and nationality decisions.

The service consists of two tribunals called the First-Tier Tribunal and an Upper Tribunal. You will need to pay the Tribunal a fee and you or your legal representative will need to submit an application of your intention to make the appeal to the Tribunal. Your appeal will most likely take place in one of the Appeal centres found across the UK.

When you make your appeal it will be directed to the First-Tier Tribunal where one or more judges will hear your appeal. At the hearing you and your legal representative (a solicitor or barrister) as well as a legal representative for the Border Agency will be in attendance. Your legal representative will make an appeal and present your case to the judge or panel of judges, stating why the original decision made by the Border Agency was wrong. Following that, the legal representative will give the Border Agency’s case and reasoning as to how and why they reached their original decision. Finally the judge or panel of judges will decide whether the appeal should be allowed or dismissed. Their decision will be given to you in writing in what is known as a ‘determination’. If your appeal is unsuccessful and you wish to challenge the First-Tier tribunal decision, you may be allowed to apply to the Upper Tribunal in certain circumstances. 

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