How To Apply for Permission To Appeal a Tribunal Decision

When a decision is made by the First-tier Tribunal (Immigration and Asylum Chamber), the losing party does not automatically have the right to take the case to a higher tribunal. In most cases, they must first apply for permission to appeal.

Permission to appeal is a procedural safeguard that ensures only arguable legal errors are reviewed by the Upper Tribunal (Immigration and Asylum Chamber). It is not a rehearing of the case, but a legal assessment of whether the First-tier Tribunal may have made an error of law.

This article explains how to apply for permission to appeal, the legal test applied, deadlines, procedural steps, and what happens if permission is granted or refused.

1. What Permission To Appeal Means

Permission to appeal is required before a case can proceed from the First-tier Tribunal to the Upper Tribunal.

An application is assessed to determine whether:

• The tribunal may have made an error of law
• The appeal has a real prospect of success
• There is another compelling reason for the case to be heard

The Upper Tribunal does not re-decide facts. It only considers legal errors in the original decision.

2. Legal Framework

Applications for permission to appeal are governed by:

• Tribunals, Courts and Enforcement Act 2007
• Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014
• Tribunal Procedure (Upper Tribunal) Rules 2008

The Upper Tribunal has jurisdiction to review decisions of the First-tier Tribunal where an arguable error of law is identified.

3. When You Can Apply for Permission to Appeal

You can apply after the First-tier Tribunal has:

• Dismissed your appeal
• Allowed or dismissed parts of your appeal
• Made a final determination of the case

You cannot usually apply while the case is still ongoing unless there is a procedural direction allowing it.

4. Time Limits for Applying

Strict deadlines apply:

• 14 days from the date the decision was sent if you are in the UK
• 28 days if you are outside the UK

Late applications may be accepted only if there is a good reason and the tribunal considers it just to extend time.

5. Grounds for Applying for Permission to Appeal

A valid application must identify an error of law. Common grounds include:

A. Legal Misinterpretation

• Incorrect application of immigration law or asylum principles
• Misunderstanding of the Refugee Convention or ECHR provisions

B. Procedural Unfairness

• Failure to consider relevant evidence
• Denial of a fair hearing
• Inadequate reasoning in the decision

C. Factual Error Amounting to Legal Error

• Ignoring key evidence
• Making findings unsupported by evidence
• Irrational conclusions

D. Failure to Apply Country Guidance

• Not following binding country guidance cases
• Misapplication of risk assessment principles

6. How To Apply for Permission to Appeal

Step 1: Obtain the Tribunal Decision

You must have the written determination from the First-tier Tribunal, which includes:

• Findings of fact
• Legal reasoning
• Final decision
• Appeal outcome

Step 2: Complete the Application Form

Applications are usually made using:

• Form IA FT4 (or relevant tribunal form depending on procedure updates)

The form requires:

• Case details
• Grounds of appeal
• Reasons why the decision is legally wrong

Step 3: Draft the Grounds of Appeal

The grounds are the most important part of the application.

They should:

• Identify specific legal errors
• Refer to paragraphs of the tribunal decision
• Explain why the error affected the outcome
• Avoid repeating the original case facts without legal analysis

The Upper Tribunal is only concerned with whether the First-tier Tribunal made a material error of law.

Step 4: Submit the Application

Applications must be sent to:

• The First-tier Tribunal (not directly to the Upper Tribunal initially)

The First-tier Tribunal then decides whether to grant permission or refuse it.

7. First-tier Tribunal Decision on Permission

The First-tier Tribunal will first review the application and may:

• Grant permission (case goes to Upper Tribunal)
• Refuse permission (case may still be renewed to Upper Tribunal)

If permission is granted, the appeal proceeds to the Upper Tribunal for further consideration.

8. Renewing the Application to the Upper Tribunal

If the First-tier Tribunal refuses permission, the applicant can:

• Renew the application directly to the Upper Tribunal

The Upper Tribunal will then independently assess whether permission should be granted.

This “renewal stage” is often the final opportunity to pursue the appeal.

9. Test Applied by the Tribunal

The Upper Tribunal applies the following tests:

• Is there an arguable error of law?
• Does the appeal have a realistic prospect of success?
• Is there a compelling reason for consideration?

If none of these thresholds are met, permission is refused.

10. What Happens If Permission Is Granted

If permission is granted:

• The case proceeds to a full Upper Tribunal hearing
• The Upper Tribunal may rehear the case or remit it back to the First-tier Tribunal
• The original decision may be set aside if an error of law is found

11. What Happens If Permission Is Refused

If permission is refused:

• The First-tier Tribunal decision remains in force
• Removal or immigration consequences may proceed
• Further challenge may only be possible in limited circumstances (such as judicial review)

12. Common Mistakes in Applications

Frequent errors include:

• Missing the deadline for applying
• Failing to identify a legal error
• Simply disagreeing with factual findings
• Repeating original asylum evidence without legal argument
• Not referencing specific paragraphs of the decision
• Submitting vague or unsupported grounds

The tribunal will not grant permission based on disagreement alone.

13. Practical Preparation Steps

A structured approach includes:

1. Read the tribunal decision carefully
2. Identify legal reasoning and findings
3. Highlight arguable errors of law
4. Link errors to specific paragraphs
5. Draft concise legal grounds
6. Submit within time limits
7. Include any relevant supporting material

Common Questions from our Readers

Can I appeal just because I disagree with the decision?

No. You must show a legal error, not just disagreement with findings.

Do I need legal representation?

Not legally required, but permission applications involve complex legal standards.

Can new evidence be submitted at this stage?

Generally no, unless it relates to procedural fairness or supports an alleged legal error.

What is an “error of law”?

It is a mistake in applying legal principles, procedure, or reasoning that affected the decision outcome.

Final Thoughts

Applying for permission to appeal a tribunal decision is a structured legal process focused on identifying arguable errors of law in the First-tier Tribunal's reasoning. Strict deadlines apply, and applications must clearly explain why the decision may be legally flawed.

The Upper Tribunal acts as a supervisory body, ensuring that legal standards have been correctly applied rather than reconsidering factual disputes. Careful preparation of grounds of appeal is essential to engaging this process effectively.