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1. • • If the Upper Tribunal decides that the First-Tier Tribunal made an error of law it will usually ‘set aside’ (cancel) the decision. It then has the power to send the case back to the First-Tier Tribunal to hear the appeal again, or to substitute its own decision.
     commonslibrary.parliament.uk/appealing-benefits-decisions-beyond-the-first-tier-tribunal/

     Appealing benefits decisions beyond the First-Tier Tribunal

2. People also ask

   Can UT set aside a PTA decision?

   • There is only a limited power to do so. A PTA decision is an “excluded decision” and so the UT's powers to set aside its own decision are limited to those in rule 43 (set-aside), that is, only when the decision has been reached following a procedural irregularity.

   UPPER TRIBUNAL IMMIGRATION AND ASYLUM CHAMBER FIRST-TIER T…

   www.judiciary.uk/wp-content/uploads/2019/08/PTA-guidance-August-2019.pdf

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   Can a UTA decision be challenged?

   • the UTA decision of the UT can be challenged in the Court of Appeal. This includes both decisions of the UT that finally determine an appeal, and also those which complete the UT’s involvement with the case: thus appeal lies against a remittal (see AA (Ir

   Challenging the First Tier Tribunal and Appeals in the Upper Tribunal

   hjt-training.co.uk/wp-content/uploads/2018/11/Challenging-the-First-tier-Tribunal-and-Appeals-in-the-Upper-Tribunal-Formatted.pdf

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   Can the Upper Tribunal set aside or re-make a decision?

   • 43. — (1) The Upper Tribunal may set aside a decision which disposes of proceedings, or part of such a decision, and re-make the decision or the relevant part of it, if— (a) the Upper Tribunal considers that it is in the interests of justice to do so; and (b) one or more of the conditions in paragraph (2) are satisfied.

   The Tribunal Procedure (Upper Tribunal) Rules 2008 - Legislation.gov.uk

   www.legislation.gov.uk/uksi/2008/2698/article/43

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   Can a UT set aside a case?

   • The power to set aside is exercisable only if the UT considers it is in the interests of justice and that one or more of the conditions in r.43(2) are satisfied. These conditions are limited to procedural irregularity. See Jan (Upper Tribunal: set-aside powers) UKUT 336 (IAC). 51.

   UPPER TRIBUNAL IMMIGRATION AND ASYLUM CHAMBER FIRST-TIER T…

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   Can a party appeal a decision to the UT?

   • Section 11(2) TCEA gives any party to an appeal a right to appeal a decision to the UT subject to two conditions: The right of appeal is only “on any point of law arising from a decision made by the First-tier Tribunal other than an excluded decision” (TCEA, s.11(1)); and,

   UPPER TRIBUNAL IMMIGRATION AND ASYLUM CHAMBER FIRST-TIER T…

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   Can a PTA decision be reversed?

   • 51. Clerical mistakes and accidental slips or omissions in a PTA decision can be corrected by the UT at any time under r.42 of the UT Rules but this cannot be used to reverse the outcome of a decision already communicated to the parties – see Katsonga v SSHD UKUT 228 (IAC).

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3. www.judiciary.uk › wp-content › uploadsUPPER TRIBUNAL IMMIGRATION AND ASYLUM CHAMBER FIRST-TIER ...

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   This guidance note aims to assist those making applications for permission to appeal (PTAs) to the Upper Tribunal (Immigration and Asylum Chamber) (UT) and those considering them. It also aims to address problems which often arise. It is not a source of law or an authoritative statement of law.

   • File Size: 414KB

   • Page Count: 14

4. tribunalsdecisions.service.gov.uk › utiac › rp-00164Tribunal decisions - GOV.UK

   tribunalsdecisions.service.gov.uk › utiac › rp-00164

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   Jun 17, 2022 · The appellant is, in fact, making an application for my decision set aside my decision of 3 September 2021 and to substitute it with a decision that the decision of the First-tier Tribunal...

5. righttoremain.org.uk › toolkit › utAppealing at the Upper Tribunal (after First-tier refusal)

   righttoremain.org.uk › toolkit › ut

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   If your asylum or immigration application is refused by the Home Office, you may have the right to appeal that decision at the First-tier Tribunal. If you lose your appeal at the First-tier Tribunal, you may be able to appeal again at the Upper Tribunal.

6. tribunalsdecisions.service.gov.uk › utiac › 2019Tribunal decisions - GOV.UK

   tribunalsdecisions.service.gov.uk › utiac › 2019

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   May 31, 2019 · We accordingly set aside the decision of the First-tier Tribunal. We shall re-make the decision in the Upper Tribunal. To that end, the respondent has indicated that she would be prepared...

7. www.judiciary.uk › wp-content › uploadsPractice Directions of the Immigration and Asylum Chambers of ...

   www.judiciary.uk › wp-content › uploads

   decision should be set aside under section 12(2)(a) of the 2007 Act; (b) except as specified in Practice Statement 7.2 (disposal of appeals by Upper Tribunal), the Upper Tribunal will proceed to re-make the decision under section

8. www.legislation.gov.uk › uksi › 2008The Tribunal Procedure (Upper Tribunal) Rules 2008

   www.legislation.gov.uk › uksi › 2008

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   Setting aside a decision which disposes of proceedings. This section has no associated Explanatory Memorandum. 43. — (1) The Upper Tribunal may set aside a decision which disposes of...

9. hjt-training.co.uk › wp-content › uploadsChallenging the First Tier Tribunal and Appeals in the Upper ...

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   Not every unsatisfactory outcome in immigration proceedings can be appealed to the UT. Essentially the decision on the appeal itself can be challenged but other forms of decision are excluded.