Appeal against First Tier Tribunal Decision on IAFT 4 Appeal Form

This relates to Appeal against First Tier Tribunal Decisionappeal against First Tier Tribunal Decision. It is mandatory that an appellant must apply to the First-tier Tribunal (Immigration and Asylum Chamber) for permission to appeal before making an application or appeal to the Upper Tribunal. If the permission is granted by First Tier Tribunal then an appeal can be lodged with the Upper Tribunal (Immigration and Asylum Chamber); however, if permission is not granted by the First Tier Tribunal then an appellant is required to make an application to the Upper Tribunal for permission to lodge an appeal.

How to Appeal Against First Tier Tribunal Decision?

Form IAFT-4 is used for applying to the first-tier tribunal for permission to appeal to the upper tribunal. An appellant is required to enclose any documents relating to error(s) of law in the Tribunal’s Decision on which he/she is relying and can send it by post, facsimile or email.

Postal Address: First-tier Tribunal (Immigration and Asylum Chamber), PO Box 7866,  Loughborough LE11 2XZ, United Kingdom
Facsimile: 01264 347987
E-mail: IAFT4@hmcts.gsi.gov.uk Please note that the e-mail should not exceed 17MB. The Tribunal will confirm receipt of the e-mail vide an auto-response e-mail.

There is no fee for appealing a decision i.e. first-tier tribunal application for permission to appeal to the upper tribunal on Appeal Notice Form IAFT-4, which is required to be lodged within 14 and 28 days after a written decision for appeal against an in-country decision and an appeal from outside the UK, respectively.

Appeal a decision by the immigration and asylum tribunal
Fees
There is no fee to appeal to the tribunal.

Detention Appeals

If an appellant is detained at one of the centres listed below and was issued a Refusal Letter by the Home Office Detained Asylum Casework (DAC) team before appealing to the Tribunal, the completed application needs to be sent either by post/fax or email to the respective detention centres.

Please note: any e-mail sent to the e-mail addresses mentioned below must not exceed 17MB. The appellant will receive an auto-response e-mail to confirm receipt of the e-mail.

IA Harmondsworth

By post:
First-tier Tribunal (Immigration and Asylum Chamber)
IA Harmondsworth
Colnbrook By-Pass
Harmondsworth
Middlesex UB7 0HD
Or by Fax: 0870 761 7721 Or by e-mail to IAFT4Harmondsworth@hmcts.gsi.gov.uk

IA Yarl’s Wood

By post:
First-tier Tribunal (Immigration and Asylum Chamber)
IA Yarl’s Wood
Hearing Centre A
Twinwoods Business Park
Thurleigh Road
Milton Ernest
Bedfordshire MK44 1FD
Or by Fax: 01264 347 997 Or by e-mail to IAFT4Yarlswood@hmcts.gsi.gov.uk. Any e-mail sent to this e-mail address must not exceed 17MB. An appellant will receive an auto-response e-mail to confirm receipt of the e-mail.

Application for Permission to Appeal to the Upper Tribunal

If the First-tier Tribunal either refuses permission or gives permission to appeal on limited grounds after submitted IAFT-4 then one can apply to the Upper Tribunal for a permission to appeal.

Application form for permission to appeal to the upper tribunal is IAUT-1 Form. There is no fee to apply for permission to appeal to the Upper Tribunal Immigration and Asylum Chamber, which is required to be lodged within 14 and One (1) month after receipt of a written decision for appeal against an in-country decision and outside the UK, respectively.

Upper Tribunal Immigration and Asylum Chamber Address

It is important to note that one can only appeal if the appellant is quite certain that the First-tier Tribunal has made an error of law in its judgement. If so then the appellant can fill the form and send it to Upper Tribunal (Immigration and Asylum Chamber), IA Field House, 15 Breams Buildings, London, EC4A 1DZ Or facsimile on 0870 324 0111.

For Appeals in Middlesex and Bedfordshire

If the appeal was heard at one of the centres listed below, then in case of detention appeals the completed application is required to be handed to the person having custody of the appellant, or it could also be sent to the Immigration and Asylum Chamber (‘IAC’) at the detention centre where the appeal was heard:
Upper Tribunal (Immigration and Asylum Chamber), IA Harmondsworth, Colnbrook By Pass, Harmondsworth, Middlesex, UB7 0HD Or by Facsimile 0870 761 7721
Upper Tribunal (Immigration and Asylum Chamber), IA Yarl’s Wood, Hearing Centre A
Twinwoods Business Park, Thurleigh Road, Milton Ernest, Bedfordshire, MK44 1FD Or by Facsimile 01264 347 997

Supporting Documents

An appellant is required to enclose the following documents with IAUT-1 Application Form:

  • Copy of the written statement of reasons of the First-tier Tribunal;
  • Copy of the notice of refusal of permission to appeal by the First-tier Tribunal or refusal to admit the application for permission;
  • Copy of the grounds of appeal to the First-tier Tribunal;
  • Any other supporting documents relevant to the application that was before that First-tier Tribunal; and
  • Any written evidence in support of Part D IAUT-1 Form, relating to reasons for any delay and/or Part F IAUT-1 relating to reasons for appealing.

If an appellant does not send the requisite supporting documents then the appeal may either be delayed or not considered/admitted by the Upper Tribunal.

As per procedure, the Upper Tribunal contacts an appellant when it receives IAUT-1 application form. If an appellant does not receive any intimation within 5 working days then it is advisable to contact the Tribunal Customer Service Centre on +44 (0)300 123 1711 or by email fieldhousecorrespondence@hmcts.gsi.gov.uk. by quoting the appeal number.

UK Immigration Appeal Tribunal: Legal Framework

This section provides details relating to the legal framework for appealing against immigration and related decisions concerning:

  • the Immigration & Asylum Chamber of the First Tier Tribunal & Upper Tribunal;
  • onward appeal rights, with appeal arrangements in different jurisdictions;
  • applicable statutory fees for appealing against a refusal decision;

For filing an appeal against an immigration refusal decision the legal framework consists of two tribunal tiersi.e.: the First Tier Tribunal; and the Upper Tribunal. Both tiers are managed by HM’s Courts & Tribunals Service and have immigration and asylum chambers responsible for immigration appeals.

First Tier Tribunal

Appeals are initially made to First-tier Tribunal that can either allow the appeal or dismiss it.

Upper Tribunal

The Upper Tribunal is the superior court of record. It is a separate body from First Tier Tribunal, and its decisions are made by the judges of Upper Tribunal only. The Upper Tribunal decides whether the First-tier Tribunal has made a mistake of law and, if it has, it can either:

  • make any decision or directions the First Tier Tribunal could have made (having judged whether an error in law has been made);
  • direct the first-tier tribunal to remake its decision;

Besides, the Tribunal Procedure Rules for each tribunal tier equip them to make findings on the timeliness (appropriate timing) and efficacy of appeals, either at or before the hearing.

Permission to Appeal to the Upper Tribunal

Decisions made by the First Tier Tribunal can be appealed to the Upper Tribunal by either party (i.e. either the appellant or respondent from the First Tier Tribunal).

Permission to appeal to Upper Tribunal must first be sought from the First Tier Tribunal. If permission is rejected, an application can be lodged directly with the Upper Tribunal.

Onward Appeal Rights in the United Kingdom

Domestic Jurisdictions

Domestic onward rights of appeal are derived from where the most recent hearing has taken place – are made to the appropriate UK jurisdiction:

  • Court of Appeal in England and Wales;
  • Court of Session in Scotland;
  • Court of Appeal in Northern Ireland;

Permission for An Onward Appeal

Initially, permission to appeal to these courts must be sought from Upper Tribunal (Immigration & Asylum Chamber). If permission is denied, applications may proceed directly to the appellate court of the applicable jurisdiction. Further onward rights of appeal are addressed to Supreme Court of the United Kingdom.

Fees

Under the First Tier Tribunal (Immigration & Asylum Chamber) Fees Order 2011 (the 2011 Order) individuals must give a fee if they wish to appeal against an immigration decision, which can include a decision to refuse:

  • an entry clearance; or
  • to vary leave to enter or remain; or
  • a certificate of entitlement; or
  • European residence documentation;

Article 5 of the 2011 order grants exemptions from appeal fees and sets out that no fee is payable for an appeal against some decisions including:

  • revoking indefinite leave to enter or indefinite leave to remain in the UK;
  • depriving the right of abode or citizenship to an applicant;
  • a decision for making a deportation order;
  • removing certain people who are not lawfully in the UK;

Similarly, appellants need not pay a fee if they receive:

  • asylum support;
  • legal aid;
  • local authority benefits u/s 17 of the Children Act 1989;

Appeal fees are the obligation of Her Majesty’s Courts & Tribunals Service (HMCTS).

If an appeal is allowed u/s 23A of the Asylum & Immigration Tribunal (Procedure) Rules 2005, a tribunal can order the Home Office as a respondent to meet costs up to the entire amount of the fee paid (depending on the particulars of the case).

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