Immigration and Asylum (Upper Tribunal) guidance


Applying for Permission to Appeal to the Upper Tribunal

Either party to an appeal can apply for permission to appeal the decision of the First-tier Tribunal to the Upper Tribunal. The initial application must be made to the First-tier Tribunal. If this application is refused then a further application can be made to the Upper Tribunal.

Applying to the First-tier Tribunal for Permission to Appeal to the Upper Tribunal

The First-tier Tribunal will provide a copy of the First-tier Permission Application form with promulgated decisions as appropriate. This form should be completed and lodged with the Tribunal no later than 14 days after the date the decision was sent to you. (The time limit is 28 days if you are outside the UK and 3 working days if the case is a fast-track case). The application will be considered by a Judge of the First-tier Tribunal, who will decide whether to grant permission to appeal to the Upper Tribunal.

It is important to include with your permission application the decision of the Tribunal you wish to challenge along with the full reasons why you think the Tribunal made an error of law.

Forms

IAFT– 4 Application to the First–Tier Tribunal for permission to appeal to the Upper Tribunal (PDF 69KB)

IAFT– 4 Application to the First–Tier Tribunal for permission to appeal to the Upper Tribunal (Word 116KB)

Guide to completing IAFT–4 form (PDF 34KB)

You must send your completed IAFT–4 application form by post or fax to:

First-tier Tribunal (Immigration and Asylum Chamber)
PO Box 7866
Loughborough
United Kingdom
LE11 2XZ    
Fax: 01264 347997

You may also email your application to IAFT4@hmcts.gsi.gov.uk

Any email sent to this email address must not exceed 17MB. You will receive an auto response to confirm receipt of your email.

Applications in fast-track cases are to be sent to the IAC hearing centre attached to the Detention Centre where you are located.

IRC Colnbrook fast track applications are processed through IA Harmondsworth.

Cases being dealt with under the Fast-track process may also be emailed to the IAC hearing centre attached to the Detention Centre where you are located.

Email either IAFT4Harmondsworth@hmcts.gsi.gov.uk or IAFT4Yarlswood@hmcts.gsi.gov.uk.

Please note that if you send in your application by fax or email you do not also need to send it by post.

Your completed application for permission to appeal should be sent with the relevant documents as detailed in the application form. It is important that you provide a comprehensive list as this will allow copies of the documents to be provided for a Judge as part of your application. The documents you provided with your initial appeal will have been copied and retained with your original appeal file.

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Applying to the Upper Tribunal for Permission to Appeal to the Upper Tribunal

Following a refusal of permission by the First-tier Tribunal, a further application for permission to appeal can be made to the Upper Tribunal itself. It is not possible to make an application for permission to the Upper Tribunal without having been refused permission by the First-tier Tribunal. Form IAUT -1 should be completed and lodged with the Upper Tribunal no later than 14 days after the date on which the First-tier Tribunal’s refusal of permission was sent to you. (The time limit is one month if you are outside the UK and 4 working days if the case is a fast-track case).

The application will be considered by a member of the Upper Tribunal approved by the Senior President to decide such applications.

Forms

IAUT–1 Application to the Upper Tribunal for permission to appeal to the Upper Tribunal - PDF version

IAUT–1 Application to the Upper Tribunal for permission to appeal to the Upper Tribunal - Word version

IAUT–1 Guidance on completing

You must send your completed IAUT-1 application form by post or fax to:

Upper Tribunal (Immigration and Asylum Chamber)
IA Field House
15-25 Breams Buildings
London EC4A 1DZ
Fax: 0870 3240111

Applications in fast-track cases are to be sent to the Detention Centre where you are located.

Please note that if you send in your application by fax you do not also need to send it by post.

Your completed application for permission to appeal should be sent with the relevant documents as detailed in the application form. It is important that you provide a comprehensive list as this will allow copies of the documents to be provided for a Judge as part of your application. The documents you provided with your initial appeal will have been copied and retained with your original appeal file.

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Applying for Anonymity

Application for Anonymity (PDF 22KB)

Application for Anonymity (Word 37KB)

Anonymity for application form UT- Guidance Notes (PDF 9KB)

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Applying to the Upper Tribunal for Permission to appeal to the Court of Appeal or the Court of Session

You cannot apply direct to the Court of Appeal or the Court of Session unless you have already applied to the Upper Tribunal and been refused. There is no prescribed form for making this application to the Upper Tribunal (the position is, however, different if you are applying to the Court of Appeal/Session because you have been refused permission by the Upper Tribunal – please contact the Court of Appeal/Session for details – see addresses below).

Applications to the Upper Tribunal for permission to appeal to the Court of Appeal/Session must be made in writing identifying the alleged error or errors of law and stating the result you ask for within the relevant time limit set out in rule 44 of the Tribunal Procedure (Upper Tribunal) Rules 2008 (see Rules legislation’ practice directions and statements and UTIAC Presidential guidance). Write to the UTIAC at:

Upper Tribunal (Immigration and Asylum Chamber)
IA Field House
15-25 Breams Buildings
London EC4A 1DZ
Fax 0870 3240111

Where immigration judicial review decision that disposes of proceedings is given at a hearing, the procedure just described does not apply. Instead, any application to the UTIAC for permission to appeal to the Court of Appeal may be made at that hearing. If such an application is not made, the Tribunal is required to decide for itself whether to give or refuse permission (rule 44(4A) and (4B)).

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Appeals to the appropriate court where the Upper Tribunal has granted permission to appeal

Please note the instructions on the notice you have received with your decision.

Where permission to appeal has been granted by the Upper Tribunal the appeal must be lodged with the appropriate appellate court in accordance with the procedures set out below.

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Applying direct to the Court of Appeal or the Court of Session for permission to appeal

An application can only be made direct to the appropriate appellate court after first being refused or granted permission to appeal by the Upper Tribunal.

Court of Appeal

An application to the Court of Appeal must be made using form N161, and must be made within 28 days of service of the decision of the Upper Tribunal refusing or granting permission to appeal.

The application is to be sent to:

The Civil Appeals Office
Room E307
The Royal Courts of Justice
Strand
London WC2A 2LL

Court of Session

An application to the Court of Session must be made using Form 40.2

The application is to be sent to:

Court of Session
Parliament House
Parliament Square
Edinburgh EH1 1RQ
DX: 549306 Edinburgh 36

If you intend to submit such an application to the Court of Session they ask that you contact them in advance. The direct number for the Inner House and Extracts department is 0131 240 6748.

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Pursuing an appeal after leave is granted

Notice of intention to pursue appeal (UTIAC) (PDF 41KB)

Notice of intention to pursue appeal (Civil Appeals Office) (PDF 23KB)

More information on pursuing an appeal after leave is granted is available in the Appeals FAQ page.

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Application for review of decision not to make order/to make a limited order under section 103d

Please note that this form is only to be used if your appeal was already at the Upper Tribunal on 15 February 2010. This process is relevant to transitional appeals only.

For more information please visit the transitional arrangements page.

IAUT–3 Application for Renewal (PDF 26KB)

IAUT–3 Application for Renewal (Word 343KB)

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Sponsors

  •  I want to add a sponsor in my appeal. What should I do?
  •  My husband/wife phoned about my appeal and you wouldn't tell them anything. Why is that?
  •  I am the Sponsor. Will I be informed of what is happening with the appeal?
  •  I have had a letter saying I am a Sponsor but I don't know the person who has nominated me. What do I do?

I want to add a sponsor in my appeal. What should I do?

If you want to add a sponsor please write to us at:

Upper Tribunal (Immigration and Asylum Chamber)
IA Field House
15-25 Breams Buildings
London EC4A 1DZ

Fax: 0870 324 0095

If you are faxing from overseas the numbers are 0870 324 0095
It would be helpful if you could include the case reference number of your appeal in any correspondence.

We will contact your sponsor to let them know they have been nominated.

My husband/wife phoned about my appeal and you wouldn't tell them anything. Why is that?

A sponsor is not considered to be a party to the appeal. Only parties to the appeal, that is, the Appellant, their Representative and the Respondent (usually the Home Office) receive copies of the determination. If you are both the sponsor and the representative you will be sent a copy of the determination.

We can only give information to someone if you have authorised us to do so. Even if you have a family member nominated as your sponsor we are not allowed to talk to them about your appeal unless you have given specific permission for us to do so. It is very easy to nominate a sponsor by writing to us with your details and case reference number. Please note if you want them to be given appeal information over the phone you must clearly state this in your letter.

Upper Tribunal (Immigration and Asylum Chamber)
IA Field House
15-25 Breams Buildings
London EC4A 1DZ

Fax: 0870 324 0095

If you are faxing from overseas the numbers are 0870 324 0095

I am the sponsor. Will I be informed of what is happening with the appeal?

If you are the sponsor and there is a representative, you will not be sent details of the appeal as it proceeds. The representative or the appellant are sent these details and it is up to them to keep you informed.

A sponsor is not a party to the appeal. If you are a sponsor we can only give you general information or information which is, or will be, in the public domain (ie hearing date and location.) You will need to forward a letter of authority from the appellant to enable us to give you specific information about an appeal. Once we receive that our system will be noted for future reference. It is not sufficient that the appellant said you were a sponsor on the appeal form, unless the box was ticked giving permission to allow us to give you information.

I have had a letter saying I am a Sponsor but I don't know the person who has nominated me. What do I do?

If you do not know someone who has named you as their Sponsor please write to us. Our address is:

Upper Tribunal (Immigration and Asylum Chamber)
Arnhem Support Centre
PO Box 6987
Leicester
LE1 6ZX 

HM Courts & Tribunals Service

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