Upper Tribunal Immigration Appeals: A Complete Guide

When a First-tier Tribunal (FTT) judge makes an error of law in determining an immigration appeal, the Upper Tribunal (Immigration and Asylum Chamber) — UTIAC — is the next step. Our immigration appeal solicitors in Bolton explain how UTIAC works.

What is the Upper Tribunal (UTIAC)?

The Upper Tribunal (Immigration and Asylum Chamber) is a superior court of record that hears appeals from the First-tier Tribunal on points of law only. It cannot re-examine facts that were before the FTT unless the FTT’s fact-finding was itself legally flawed. It also hears judicial review applications transferred from the High Court in immigration cases.

When Can You Appeal to the Upper Tribunal?

You can apply to the Upper Tribunal for permission to appeal only where the FTT’s decision contained an error of law — for example, misapplying the Immigration Rules, failing to apply the correct legal test, or making findings that were not properly reasoned or supported by the evidence. Mere disagreement with the FTT’s factual findings is not sufficient.

Applying for Permission

You must first apply to the FTT for permission to appeal. If refused, you can renew your application directly to the Upper Tribunal. The permission stage filters out hopeless cases — permission is granted only where the grounds of appeal are arguable.

The Hearing

If permission is granted, the appeal proceeds to a substantive hearing before a panel of one or more Upper Tribunal Judges. The tribunal will consider written submissions and may hear oral argument. If an error of law is found, the tribunal will either re-make the decision itself or remit it to the FTT for a fresh hearing.

Country Guidance Cases

One of the most important functions of the UTIAC is to produce Country Guidance (CG) determinations — authoritative assessments of conditions in particular countries for the purposes of asylum and human rights appeals. All FTT judges must follow CG cases unless there are very good reasons not to.

Beyond the Upper Tribunal

Further appeals from UTIAC decisions on important points of law may go to the Court of Appeal and, ultimately, the Supreme Court. These cases are rare and usually concern broad points of immigration law affecting many applicants.