The law of Appeals - 31 Jul 13

Course content

The course is for SRA Level 1 and 2 or OISC Level 2 and 3 advisers –Detailed structure and practical considerations in the Appeal Procedure with case examples to ensure successful decisions.

The focus is on navigating the appeals and court system itself. It will enable the adviser to identify the law and procedure relating to appeals against immigration decisions.

The course will look at:

• Right of Appeal – which decisions attract a right of appeal, limitations on the right of appeal, in – country and out- of-country appeals.
• Case law relating to Appeal Rights
• Grounds of Appeal – statement of additional grounds
• The Appeals Structure
• Determinations from the Tribunal as Precedent.
• PBS Administrative Review.
• Appeals before First-Tier Tribunal – Lodging Appeals, Best Practice in Bundles, Documents to be included, Variation of Grounds of Appeal and introduction of new grounds post decision.
• Appeals before Upper Tribunal; Seeking permission to appeal and the basis of the appeal.
• Onward Appeals

Judicial Review of decisions of the Upper Tribunal – Fresh Claims and Right of audience.

Appeals to Court of Appeal

 Appeals to Supreme Court.

Objectives

The objective of this course is to give delegates a thorough understanding of the appeals system and navigation of this.