Appeal Procedure

[Magic1597]

Hi, I hope Someone can help me. I lost my appeal in the first tribunal. My solicitor has applied for permission to appeal again. I understand if this is refused I can apply to the upper tribunal. My question is that if the upper also refuse permission can I take it further. I am so stressed and hope the first tier will give me permission to appeal. If they don't and also the upper tribunal refuse permission to appeal is there a further court I can appeal to.

Thank you.

[Obie]

You can Judicial review the Upper Tribunal Decision, provided your case will meet the second appeals test, which is a difficult test. Hopefully, you will not get that far, and the tribunal will give you permission to proceed.

[Magic1597]

You can Judicial review the Upper Tribunal Decision, provided your case will meet the second appeals test, which is a difficult test. Hopefully, you will not get that far, and the tribunal will give you permission to proceed.

Thank you for your reply. Will JR continue my lawful residence under section 3c or will it break. My main concern is to remain within the rules of lawful residency. My reading of the AIT website is that you can take it one step further by applying for leave to Court of Appeal. Is this not correct. Your kind advice will be most appreciated.
Thank you.

[Obie]

If you are granted permission to appeal and then the appeal is dismissed, then you can take it to the court of appeal. But a refusal by the Upper Tribunal to grant permission to itself is an excluded decision, and hence cannot be appealed to the court of appeal.

Judicial Review dont extend Section 3D rights, but if permission is granted to challenge the decision and the case succeeds, with the effect of it being remmitted to the Upper Tribunal to grant permission to appeal . The effect of this may well be commencement of section 3D rights.

[Magic1597]

If you are granted permission to appeal and then the appeal is dismissed, then you can take it to the court of appeal. But a refusal by the Upper Tribunal to grant permission to itself is an excluded decision, and hence cannot be appealed to the court of appeal.

Judicial Review dont extend Section 3D rights, but if permission is granted to challenge the decision and the case succeeds, with the effect of it being remmitted to the Upper Tribunal to grant permission to appeal . The effect of this may well be commencement of section 3D rights.

Thank you for clearing that up for me. I am so grateful.