Immigration Tribunal London
- RSL Law
- No comments
There are some types of visa application which, if they are refused, have the right of appeal to the First-Tier Immigration Tribunal. The Immigration Tribunal sits in London and various other parts of the UK.
The Tribunal can conduct appeals either as a paper exercise or on an oral hearing (ie a live hearing) basis.
If the appeal is carried out as a paper exercise an Immigration Judge, who is a qualified and experienced lawyer, will look at the papers in front of him/her and make a decision.
If there is an oral appeal hearing it is presided over by an Immigration Judge. The appellant (ie the person who is appealing) may be represented by a legal representative, and the UKVI may also have a representative at the hearing.
An immigration appeal is a thorough process, in which the Judge examines the refusal decision and, ultimately, decides whether it was lawful or not. But an oral hearing is a more thorough process than a paper hearing, because the Judge will be able to hear live evidence from witnesses and can take into account whatever evidence he/she thinks appropriate.
If the Judge ultimately decides that the decision was unlawful he/she can overturn the decision and order the Home Office to grant the visa. The decision from the Tribunal comes in detailed written form.
The decision of an Immigration Judge at the First-Tier Tribunal is not necessarily final. There is a further right of appeal to the Upper Immigration Tribunal on the basis that the decision of the First-Tier Tribunal was legally flawed.
The Upper Tribunal works in a similar way to the First-Tier Tribunal: it considers cases on the papers or on the basis of an oral hearing.
However, the Upper Tribunal does not accept cases automatically. The migrant has to apply for permission to appeal, and a Judge from the Upper Tribunal will decide whether the application has sufficient merit to proceed. The migrant is allowed two attempts. If the first attempt is unsuccessful then the second application will be assessed by a different Judge.