An additional appeal can be made directly to the Court of Appeal to seek permission on the point of law in order to confront the decisions of the Tribunal if the application to the Court of Appeal on permission to appeal has been earlier refused by the Senior Immigration Judge at the Upper Tribunal (Immigration and Asylum Chamber). If it is discovered that there is an arguable material error of law in the Immigration Judge’s decisions, permission to appeal will be granted by the court.
Please note that there will be no appeals to the court of appeal unless the appeal to the Upper tribunal has been concluded. The Upper tribunal ruled that there will no longer be rights of appeals to the Court of Appeal challenging decisions of the Upper tribunal until case in the upper tribunal is concluded.
It is important to note also, that certain decisions attract a right of appeal while some other decisions may not. Please contact our solicitors if you are unsure of whether you should appeal a decision or not. In some cases, it may be best to simply reapply.
Judgement in the case of Singh and Khalid vs SSHD  EWCA Civ 74
This case was a case of two appealing bothering on Article 8 – Human rights.
Having first entered the UK in 1997 aged 22, Mr. Singh had had his asylum application refused and was served a removal notice by the Home office. He went ahead to apply for Indefinite leave to remain on the basis that he had stayed in the country continuously for more than 10 years. Significantly, he applied for ILR under the old rules as well as applying under article 8 of the ECHR.
It took a total of 6 years for the Home Office to process the application; however, in that period, his personal circumstance changed so also did the immigration rules. His application was considered under the current rules which meant that he did not qualify indefinite Leave to remain and had to wait for 20 years.
The court then ruled that the application should have been considered under the old rules. Whilst all that was happening, the applicant then made a fresh application; which was subsequently challenged in the court of law on the basis that a new application should fall under the new rules and not the old rules.
At Reiss Edwards, we can advise you on how best and when to prepare you immigration application. Our Solicitors boast of a great deal of experience in immigration appeals and judicial reviews. Please contact us for a free assessment today.