UPPER TRIBUNAL IMMIGRATION APPEALS FOR RESIDENTS OF SWITZERLAND AND SWISS CITIZENS IN THE UK

If you are a Swiss citizen (or non-Swiss citizen) living in Switzerland or the UK and your appeal to the First-tier Tribunal (Immigration and Asylum Chamber) has been dismissed, our UK immigration appeal lawyers in Switzerland and the UK can guide you on the merits of appealing to the Upper Tribunal, draft grounds of appeal, and represent you at the Upper Tribunal appeal hearing if permission is granted.

For information on appeals to the First-tier Tribunal, Administrative Review, and Judicial Review, please see our other pages.

What is the Upper Tribunal (Immigration and Asylum Chamber)?

The Upper Tribunal (Immigration and Asylum Chamber) is a court one level above the First-tier Tribunal (Immigration and Asylum Chamber). It handles appeals against First-tier Tribunal decisions regarding UK entry clearance, permission to stay in the UK, and deportation from the UK. The Upper Tribunal also hears applications for Judicial Review of some Home Office decisions related to immigration, asylum, and human rights claims.

Right of Appeal to the Upper Tribunal Against a Decision of the First-tier Tribunal

You do not have an automatic right to appeal to the Upper Tribunal. You must first apply for permission to appeal a First-tier Tribunal decision. An appeal to the Upper Tribunal can only proceed if permission is granted.

How to Apply for Permission to Appeal to the Upper Tribunal

You must initially apply for permission to appeal to the First-tier Tribunal. If refused, you can then apply directly to the Upper Tribunal. Your application must be in writing, explaining why the First-tier Tribunal’s decision involved an error of law. Mere disagreement with the decision is insufficient. Applications are typically decided based on written grounds of appeal and the Immigration Judge’s determination, without an oral hearing.

Permission is granted if there is an arguable case that the First-tier Tribunal’s decision was legally wrong.

What is an Error of Law for Grounds of Appeal to the Upper Tribunal?

Grounds for appeal may arise from errors such as:

• Incorrect application or interpretation of Immigration Rules.

• Failure to consider important evidence.

• Lack of evidence to support the decision.

• Decisions inconsistent with higher court rulings.

• Procedural errors resulting in unfairness.

  
  

Specialist legal knowledge is required to identify errors of law. Our UK immigration appeal lawyers in Switzerland and the UK have extensive experience in reviewing First-tier Tribunal determinations and drafting grounds of appeal for the Upper Tribunal.

Time Limits for Appealing to the Upper Tribunal

Application to the First-tier Tribunal for Permission to Appeal

• Within the UK: Submit within 14 days of receiving the written decision.

• From Switzerland: Submit within 28 days of receiving the written decision.

If you miss these deadlines, you can request an extension with an explanation. The First-tier Tribunal will decide whether to extend the time limit.

Application to the Upper Tribunal for Permission to Appeal

• Within the UK: Apply within 14 days of the First-tier Tribunal’s refusal notice.

• From Switzerland: Apply within 1 month of the First-tier Tribunal’s refusal notice.

If you miss these deadlines, you can request an extension with an explanation. The Upper Tribunal will decide whether to extend the time limit.

Upper Tribunal Appeal Fee

There is no fee for appealing to the Upper Tribunal.

For advice on an immigration appeal, contact our immigration appeal lawyers on 0203 617 9173 or complete our enquiry form below.

If Permission to Appeal to the Upper Tribunal is Granted

If granted, your case will be listed for an error of law hearing. The Upper Tribunal will issue Directions to follow. After the hearing, a decision will be made regarding the First-tier Tribunal’s error of law, with a written decision issued within 28 days.

What Happens if I Win My Appeal to the Upper Tribunal?

If the Upper Tribunal finds an error of law, it will either:

• Overturn the First-tier Tribunal’s decision and make its own decision.

• Remit the case back to the First-tier Tribunal for a new hearing.

The Home Office may seek permission to appeal to the Court of Appeal if it believes the Upper Tribunal made a legal error.

What Happens if I Lose My Appeal to the Upper Tribunal?

If the Upper Tribunal finds no error of law, your appeal will be dismissed, upholding the First-tier Tribunal’s decision. If the Upper Tribunal’s decision contains an error of law, you may apply for permission to appeal to the Court of Appeal. Specialist legal knowledge is required to identify errors of law.

If Permission to Appeal to the Upper Tribunal is Refused

If refused, you may seek a judicial review of the refusal (known as a ‘Cart Judicial Review’) by demonstrating an error of law and that your case involves an important principle or compelling reason.

The claim form and supporting documents must be filed within 16 days of the Upper Tribunal’s decision notice.

How Our UK Immigration Appeal Lawyers In Switzerland Can Help

Through the Swiss office of our UK immigration law firm, we are delighted to offer a comprehensive range of UK immigration legal services to Swiss citizens (and non-Swiss citizens) residing in Switzerland, including appealing against UK visa and immigration decisions and legal representation at UK immigration appeal hearings.

Our UK visa and immigration services for Swiss nationals (and non-Swiss nationals) residing in Switzerland include expert advice on the merits of appealing against UK visa and immigration refusal decisions, lodging of immigration appeals, drafting grounds of appeal, preparation of appeals and advocacy and representation before the Immigration Tribunal in the UK. We offer a fully-managed UK immigration appeals service tailored for Swiss citizens (and non-Swiss citizens) in Switzerland.

Our UK immigration appeal lawyers provide specialist advice and representation, preparing high-quality immigration appeals and offering a professional, supportive approach.

Contact our UK immigration appeal lawyers on +41 21 588 07 70 or complete our enquiry form to discuss your UK immigration appeal.