The Upper Tribunal (Immigration and Asylum Chamber) (UTIAC) is a superior court of record dealing with appeals against decisions made by the First-tier Tribunal (Immigration and Asylum Chamber). The former Asylum and Immigration Tribunal (AIT) was superseded by the implementation of the UTIAC in Feb 2010.
Its purpose is to hear and decide appeals against decisions made by the First-tier Tribunal in matters of immigration, asylum and nationality. For information about the First-tier Tribunal please go to First-tier Tribunal (Immigration and Asylum).
Appeals are heard by one or more Senior or Designated Immigration Judges who are sometimes accompanied by non legal members of the Tribunal. Immigration Judges and non legal members are appointed by the Lord Chancellor and together they form an independent judicial body.
We hear appeals in a number of hearing centres across the United Kingdom. Appeals can be made by either the Home Office or the original appellant in the appeal. The Upper Tribunal will decide whether the decision of the First-tier Tribunal was correct in law. If the Upper Tribunal deems that an error of law has been made in the decision of the First-tier Tribunal, it can substitute its own decision in place of it, or order the First-tier Tribunal to rehear the initial appeal.
If you have an appeal already in the system and would like to know what the 2010 changes mean for you, the transitional arrangements page provides the information about this.
In certain circumstances, either party to the appeal may challenge the decision of the Upper Tribunal by way of appeal to the appropriate court. A Decision of the Upper tribunal may be appealed to the Court of Appeal. The grounds of appeal must always relate to a point of law. However, an appeal will not be allowed if it is classed as 'excluded' on the face of the Act or in any order made by the Lord Chancellor.