Submitting the notice of appeal – time limits:
Rule 19 of The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014, permits that a notice of appeal must be submitted:
- Within 14 days of the date the Home Office decision was sent, where the appellant is in the UK (rule 19(2))
- Within 28 days of the date they received the notice of decision (rule 19(3)(b)
Rule 20(1) provides that where an appeal is submitted late, it must include a request for an extension of time with the reason why the appeal was not submitted in time
Rule 20(2) states that if an appeal has been submitted out of time, and there is not request to extend time, the Tribunal must notify the parties that it proposes to treat the appeal as out of time
The appellant then has the opportunity to either:
- Make their case for why the appeal was submitted in time
- Submit an application to extend time
BO and Others (Extension of time for appealing) Nigeria  UKAIT 00035, the Tribunal held:
he AIT has no power to extend time for appealing in the absence of a notice of appeal. If a notice of appeal is given out of time, the first task in deciding whether to extend time is to see whether there is an explanation (or a series of explanations) that cover the delay. If there is, it and all other relevant factors, such as the strength of the grounds, the consequences of the decision, the length of the delay and any relevant conduct by the Respondent are to be taken into account in deciding whether “by reason of special circumstances it would be unjust not to extend time”
Grounds of appeal
Section 84 of the NIAA 2002, sets out what grounds can be advanced:
- Removal breaches the Refugee Convention (s.84(1)(a))
- Removal breaches the UK’s obligations regarding Humanitarian Protection (s.84(1)(b))
- Removal breaches section 6 of the Human Rights Act 1998 (s.84(1)(c))
Grounds can also cover regulation 36 of the EEA Regs 2016, and section 40A of the BNA 1981
Filing your appeal documents
- Choose the correct form – most in-country appeals will be on the IAFT-5
- Pay the court fee of £140 (some exceptions apply to in-country appeals)
- Give grounds of appeal
- Request an extension of time if needed
- Provide further evidence responding to refusal (for entry clearance appeals)
- Put respondent on notice of an intention to seek costs if case proceeds to full hearing
This may be appropriate where the refusal being appeals is of very poor quality and has ignored the evidence submitted
This may also be appropriate where, in a EC appeal, the refusal can be easily responded to with evidence (but would still not be appropriate for a re-application)
Rule 9(2), provides, as follows:
(2) The Tribunal may otherwise make an order in respect of costs only—
(a)under section 29(4) of the 2007 Act (wasted costs) and costs incurred in applying for such costs; or
(b)if a person has acted unreasonably in bringing, defending or conducting proceedings.
This concludes our basics sessions on lodging an appeal and contains the important information you need to consider when lodging an appeal to the First-Tier Tribunal. It is important that legal advice is taken in instances where you are submitting an appeal out of time, as crucial submissions need to be made to the Tribunal with a view to extending time, or allowing an appeal to be considered out of time exceptionally. It is also worth bearing in mind the difference between these two scenarios. One is likely to continue leave under 3C and the other will not!
Submitting an appeal?
Successful appeals often require a deft management of your case and expert legal knowledge.
Westkin Associates has launched a great number of successful appeals and has been consistently able to deliver on its promises of transparency, expert legal services and a fair price.
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