Permission to Appeal Tribunal Decision Deadline

When a decision is made by the First-tier Tribunal (Immigration and Asylum Chamber) in an asylum or immigration appeal, a party who disagrees with the outcome does not automatically have a right to a further appeal. Instead, they must first obtain permission to appeal (also called “leave to appeal”) to the Upper Tribunal.

This process is subject to strict statutory deadlines. Missing the time limit can result in the loss of the right to challenge the tribunal decision, unless an extension is granted in exceptional circumstances.

This article explains the deadline for applying for permission to appeal a tribunal decision, how the process works, and what happens if the deadline is missed.

What Is Permission to Appeal?

Permission to appeal is a procedural step required before a case can be taken from the First-tier Tribunal to the Upper Tribunal.

It is not a full rehearing of the case. Instead, it is a legal filter to determine whether:

• The First-tier Tribunal may have made an error of law
• The case raises an arguable legal issue
• The appeal has a realistic prospect of success

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

Legal Framework

The permission to appeal process is governed by:

• Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014
• Tribunal Procedure (Upper Tribunal) Rules 2008
• Case law principles on “error of law” jurisdiction

These rules set out strict procedural requirements, including time limits and the content of applications.

Deadline to Apply for Permission to Appeal

Standard time limit

The general deadline to apply for permission to appeal a First-tier Tribunal decision is:

• 14 calendar days if the appellant is in the UK
• 28 calendar days if the appellant is outside the UK

This time limit runs from the date the First-tier Tribunal decision is sent to the parties.

When the Time Limit Starts

The clock starts on the date the tribunal decision notice is issued, not when it is read.

Typically:

• The tribunal sends a written decision (by post or electronically)
• The date on the decision notice is treated as the start date
• The deadline runs continuously, including weekends and bank holidays

The decision letter from the tribunal will confirm the exact date of issue.

Where to Apply for Permission

There is a two-stage process:

1. First-tier Tribunal (internal application)

The first step is to apply to the First-tier Tribunal itself for permission to appeal.

The tribunal will review whether:

• An arguable error of law exists
• The appeal meets the legal threshold

If refused, the applicant can proceed to stage two.

2. Upper Tribunal (renewed application)

If the First-tier Tribunal refuses permission, a renewed application can be made to the Upper Tribunal (Immigration and Asylum Chamber).

This must also be made within strict time limits following refusal.

Extension of Time for Late Applications

If the 14-day or 28-day deadline is missed, it is still possible to apply for permission, but only if:

• An application for an extension of time is included
• A full explanation for delay is provided
• The tribunal considers it just to extend time

The tribunal will assess:

• Length of delay
• Reasons for missing the deadline
• Strength of the underlying appeal
• Impact on finality and fairness of proceedings

Extensions are not automatic and are granted only in limited circumstances.

Grounds for Permission to Appeal

Permission will only be granted if the tribunal identifies an arguable error of law, such as:

• Misinterpretation of legal provisions
• Failure to consider relevant evidence
• Procedural unfairness during the hearing
• Irrational or unreasonable conclusions
• Failure to apply correct legal tests

Disagreement with factual findings alone is usually insufficient.

What Must Be Included in the Application

A valid application for permission to appeal should include:

• The tribunal decision being challenged
• Clear grounds explaining the alleged error of law
• Reference to relevant evidence or legal principles
• Identification of the remedy sought
• Any request for extension of time (if late)

Applications must be structured and focused on legal reasoning rather than repetition of the original claim.

Consequences of Missing the Deadline

Failure to apply within the time limit may result in:

• Refusal to consider the application
• Loss of the right to appeal to the Upper Tribunal
• Finality of the First-tier Tribunal decision
• Possible removal action in immigration cases

Late applications face a significantly higher threshold for acceptance.

Interaction With Removal Proceedings

In asylum and immigration cases, tribunal decisions often lead directly to enforcement action.

If permission to appeal is not granted in time:

• Removal may proceed
• There may be no automatic suspension of enforcement
• Emergency judicial review may be required in urgent cases

Timing is therefore critical in practice.

Procedure Timeline Overview

A typical sequence is:

• Day 0: First-tier Tribunal decision issued
• Day 0–14/28: Deadline to apply for permission to appeal
• Stage 1: First-tier Tribunal considers application
• If refused: Renewed application to Upper Tribunal
• If granted: Case proceeds as full appeal on error of law

Key Legal Principles

The permission to appeal process is governed by several core principles:

• Error of law threshold: only legal errors justify appeal
• Finality of litigation: decisions should not be reopened lightly
• Procedural fairness: parties must have had a fair hearing
• Proportionality: appellate intervention must be justified

These principles ensure that only legally arguable cases proceed to the Upper Tribunal.

Key Takeaways

The deadline to apply for permission to appeal a tribunal decision in UK immigration and asylum cases is generally 14 days if in the UK and 28 days if outside the UK, starting from the date the decision is issued. Applications must be made promptly and must identify an arguable error of law.

If the deadline is missed, an extension may be requested, but only where there is a good reason for delay. Missing the time limit can result in the tribunal decision becoming final and enforceable.