Maria
You do not supply any history to your claim so it is very difficult to offer advice.
Will this first tier hearing be the first one that you have had in regard your appeal? If it is then without more information I can't comment on why, what you describe as a 3rd tier Judge, would be looking at your appeal.
If you have already had one hearing which found against you and you then appealed to the Upper Tier on a matter of Law, then it would be standard practice to refer you back to the First Tier for another appeal to be held.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems 
