First-tier Tribunal (Immigration and Asylum Chamber)
On 15 February 2010, Asylum and Immigration Tribunal (AIT) was replaced by the Tribunals Service. There are now two tribunals, a First-tier Tribunal and an Upper Tribunal with an Immigration and Asylum Chamber in each.
First tier Tribunal
The First-tier Tribunal is an independent Tribunal dealing with appeals against decisions made by the Home Secretary and his officials in Immigration, Asylum and Nationality matters.
Most appeals are made against decisions to:
Refuse a person asylum in the
UK.
Refuse a person entry to, or leave to remain in, the
UK.
Deport someone already in the
UK.
Appeals are heard by one or more Immigration Judges who are sometimes accompanied by non legal members of the Tribunal. Immigration Judges and non legal members are appointed by the Lord Chancellor and together form an independent judicial body.
Who hears an appeal?
One or more immigration judges may hear an appeal. They are sometimes accompanied by non-legal members of the tribunal. Immigration judges and non-legal members are appointed by the Lord Chancellor and are independent of the government. Appeals are heard in a number of centres around the
UK.
If you make an appeal, you will usually attend the hearing with your legal representative. The UK Border Agency will also have a legal representative at the hearing. The immigration judge, or panel, will decide whether your appeal against decision is successful otherwise known as 'allowed') or not (‘dismissed’).
You will receive the tribunal's decision known as a 'determination' in writing.
SECOND TIER TRIBUNAL
The second tier tribunal allows you in certain circumstances to challenge a decision made by the First-tier Tribunal by applying to the Upper Tribunal. The UK Border Agency may also apply to the Upper Tribunal to challenge a First-tier Tribunal decision.
If an appeal has been considered by the Upper Tribunal, it may be possible in some circumstances, to challenge the decision by applying to the Court of Appeal.
For general information on appeals please contact us using the form below.
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