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New UK immigration appeals procedure

10 March 2010

New UK immigration appeals procedureThis article intends to explain the recent changes to the Asylum Immigration Tribunal previously known as AIT. The AIT has been replaced by two chambers, namely the First-Tier Tribunal ("FTT") which will hear and determine appeals against immigration decisions and the Upper-tier Tribunal ("UTT") which will hear and determine appeals brought against decisions of the FTT.

Any appeal lodged with the AIT before 15 February 2010 will automatically be considered as an appeal before the First-Tier Tribunal.Similarly, for cases where an appeal has been heard and is awaiting a determination, it will be deemed to be a decision made by the FTT.

Those applicants wishing to appeal the decision on a point of law, must first apply to the FTT for the permission to appeal. Each application will be considered by a Designate Immigration Judge who, prior to deciding whether to allow permission to appeal to the Upper-Tier Tribunal, will undertake a review of the FTT's decision.

Please note that it will be impossible to appeal to the UTT without a prior application to the FTT.

Those applicants who are still awaiting a decision in connection with a reconsideration appeal will be treated as having a pending application to the FTT for permission to appeal to the UTT. However, if the reconsideration hearing has already been heard and dismissed, applicants wishing to challenge the decision will need to apply to the UTT for permission to appeal to the Court of Appeal.

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Migra & Co is a private immigration company, regulated by the Office of the Immigration Services Commissioner (OISC), reference number F200900038. This website is not a government website and as such, we are not linked or affiliated with the UK Visas and Immigration. We offer expert legal advice and flexible tailored solutions to both private and corporate clients to ensure that their immigration needs are met. If you wish to download or prepare a UK visa application form, you can do so free of charge by visiting the Official UKVI website.