Reconsideration hearings

What is Reconsideration Hearing?

Reconsideration Hearing is when you are appealing from the First Tier Tribunal and further to the Upper Tier Tribunal after a refusal decision.

Is Reconsideration Hearing available for all type of cases?

Reconsideration Hearing is available for all in country and out of country Immigration cases which has been refused at the First Tier Tribunal in the UK.

Who can apply for a reconsideration Hearing?

Either of the parties can apply for the Reconsideration Hearing i.e The Respondent being the Home Office and The Appellant will be yourself or vice versa.

What can you appeal?

The only matters which can be considered are errors of law. A party cannot say that he seeks a re-hearing of the facts or that the factual conclusions reached by the Immigration Judge are wrong. He can only seek reconsideration if the Immigration Judge has misdirected himself in law, failed to consider relevant material, considered irrelevant material, or erred in his fact-finding to the extent that the findings are irrational and therefore amount to an error of law.

What is the deadline for the Reconsideration Hearing?

It would depend upon the type of the case.

Fast – Track Case

If the case is a fast-track case at the time the application is made, 2 working days after the date on which you were served with the First Tier Tribunal’s decision.

Entry Clearance Cases

If you were the appellant before the First-tier Tribunal and are outside the United Kingdom at the time the application is made, 28 days after the date on which you are deemed to have been served with the First Tier Tribunal’s decision.

In country Refusal Decisions

In all other cases, 5 working days after the date on which you were deemed to have been served with the First Tier Tribunal’s decision.

What if an application is submitted late?

The Appellant must request for an extension of time limit for out of time application stating full reason for the delay.

Who will decide the Reconsideration Hearing?

The application will be considered and decided whether leave should be granted for the appeal to proceed before the judges at Upper Tier Tribunal. When permission is granted the case will be listed for a hearing and you may have single Immigration Judge or panel of Immigration Judges presiding the case.