The First-Tier Tribunal (Immigration and Asylum Chamber) is a specialised court in the United Kingdom that deals with appeals related to immigration, asylum, and nationality matters. It serves as the primary forum for individuals who wish to challenge decisions made by the Home Office regarding their right to enter or remain in the UK.

This tribunal plays a crucial role in the UK’s immigration system by providing an accessible, fair, and independent means of reviewing cases involving visa refusals, deportation orders, asylum claims, human rights issues, and other immigration-related decisions.

The Tribunal system

The First-Tier Tribunal (Immigration and Asylum Chamber) handles a wide range of cases, including but not limited to:

• Immigration appeals: Cases where individuals have been denied entry clearance to the UK, have had their visa applications refused, or face deportation from the UK.
• Asylum appeals: Cases involving individuals who have applied for asylum and have been refused refugee status or humanitarian protection by the Home Office.
• Human rights claims: Appeals where individuals claim that a Home Office decision breaches their human rights, as protected under the European Convention on Human Rights and UK law.
• Nationality matters: Cases related to citizenship, such as refusals of naturalisation or registration as a British citizen.

The Hearing process

An individual who wishes to challenge a Home Office decision must first file an appeal within a specified time frame, usually 14 days from receiving the decision if within the UK, or 28 days if outside the UK.

Both parties prepare their cases for the hearing date. The appellant must submit all relevant documents and evidence supporting their case, while the Home Office will provide the tribunal with the reasons for their decision and any supporting evidence.

During the appeal hearing, both the appellant and the Home Office have the opportunity to present their cases. This includes giving evidence, calling witnesses, and cross-examining the other side’s witnesses.

After the hearing, the judge will consider all the evidence and arguments before making a decision. The judge can allow the appeal, dismiss the appeal, or remit the case back to the Home Office for further consideration.

Further appeals

 If either the appellant or the Home Office is dissatisfied with the decision of the First-Tier Tribunal, they can seek permission to appeal to the Upper Tribunal (Immigration and Asylum Chamber). However, this appeal can only be made on points of law, meaning there must be a belief that the law was incorrectly applied or interpreted by the First-Tier Tribunal judge.

Legal costs related to the First-Tier Tribunal (Immigration and Asylum Chamber)

Claiming costs in tribunal cases varies depending on the type and complexity of the tribunal involved. In First-Tier Tribunals, it is generally expected that each party will cover their own tribunal costs and legal fees. The Tribunal system was set up to be approachable for non-legally trained lay persons.

In the First-Tier Immigration and Asylum Chamber (FTIAC), rule 9(1) restricts any orders for payment of costs to an amount not exceeding the tribunal fee paid or owed under the Fees Order.

However, there are exceptions to this general rule. The tribunal may issue a “wasted costs” order or impose a costs order against a party that has acted unreasonably. In the FTIAC, these provisions are detailed in rules 9(2)(a) and 9(2)(b), for example.

How can ARC Costs assist?

ARC Costs can assist in the recovery or negotiation of tribunal costs. We can assist both paying parties and receiving parties on all types of tribunal costs cases.

Our expertise ranges from advising on prospects of obtaining a costs order, and preparing submissions (our settling witness statements in support), to preparing Bills of Costs for assessment, or drafting Points of Dispute and Points of Reply, and providing representation at any detailed assessment hearing if any settlement agreements cannot be reached.

Should you require any assistance or would like to discuss your query, please contact us on 01204 397302, or have one of our costs experts contact you directly by emailing info@arccosts.co.uk.