Hearings
The appeal hearing
You will be notified in writing of the date, time and place of your appeal hearing(s) with a guide to the hearing centre and directions where your appeal is to be heard. If you live outside the United Kingdom the hearing will take place in your absence.
Please arrive at the hearing centre at least 20 minutes before your hearing and give your name to the staff at reception. They will answer any questions and show you to the waiting area. If you need to leave the building at any time please tell a member of staff first.
Your appeal will be listed with other cases and you may have to wait for your hearing to start. Your court clerk will keep you informed about how long you may have to wait. They will take you into the hearing room when the judge/panel is ready to hear your appeal.
One or more legally qualified persons called Immigration Judges, sometimes sitting with non legal members of the Tribunal, will decide whether your appeal should be allowed or dismissed.
In the hearing room with you will be:
- The Immigration Judge or Judges / non legal members (if any)
- Your representative (if any)
- The Home Office presenting officer
- An interpreter (if you have asked for one)
- Witnesses (when they are called, if any)
- Members of the public (if any)
Types of Hearing
Preliminary Issue
A hearing to settle a matter before an appeal can proceed to a full hearing. Preliminary issues related to validity and timeliness of appeals are usually decided without the need for hearing. Hearings may occasionally be needed to rule on disputed nationalities or other factors preventing the appeal from proceeding.
Case Management Review Hearing (CMR)
A short hearing usually used to ensure that all documents are in order and the case is ready to proceed to a full hearing. A decision on the appeal will not be taken at this hearing without your consent so long as you or your representative attends, or you have permission from the Tribunal not to attend. CMRs can be used for any case type, but are usually restricted to asylum cases.
For Mention Only/Pre-hearing Review
Similar to CMR hearings. These types of hearings are used to check on the progress of a case whilst it is waiting to be listed for a full hearing.
Substantive Hearing
The full hearing of your appeal. This is where you and your representative will argue your case. You should receive your decision within 10 working days of the full hearing.
All-female/All-male
If there are sensitive elements to your appeal, the Tribunal can arrange for it to be listed in with an all male or female court. You should inform the Tribunal when you lodge your appeal of your request and reasons, but in any event no less than one week before the hearing is due to take place.
In-camera
The Tribunal´s hearing rooms are open to the public. If you reasons why you would like your appeal to be heard without any members of the public admitted, you should inform Tribunal when you lodge your appeal of your reasons, but in any event no less than one week before the hearing is due to take place.
Detained
If you are detained, the Tribunal will make normally make arrangements for your case to be heard at a hearing centre that has the facilities to handle detainees. The Tribunal will arrange for you to be brought from your place of detention on the morning of the hearing. If deemed necessary, the Tribunal will allow some time for you to speak to your representative before the hearing takes place. After the hearing you will be retuned to your place of detention and the decision will be issued to you usually within 10 working days of the hearing.
Video Link
If you are detained it may be possible that your case will heard by video link. This means that you will remain in your place of detention and give any evidence that you have to give by video link. You will be able to see and hear the hearing room and all the parties on a television where you are detained, and everyone in the hearing room will be able to see and hear you on a television there. If the Tribunal intends to hear your case by video link you will be informed in advance and given more information at that time.
Part-heard
Sometimes it is not possible to complete your appeal with one hearing. If your hearing has started and there is not enough time to complete it, or an issue arises that cannot be resolved on the day, it may be adjourned "part-heard". The Tribunal will arrange a second hearing with all the same parties present to complete the hearing. This is known as a part-heard hearing.
Reserved to Immigration Judge
In some cases, the hearing may not have started, but an Immigration Judge has completed a lot of preparatory work or has a special interest in your case. In these circumstances they may reserve the case to themselves. This means that when your case is relisted the Tribunal will list the case before that specific Immigration Judge.
Deciding your hearing on the papers
On your appeal form you may choose to have your appeal decided on the papers rather than at an oral hearing. This means that an Immigration Judge will make a decision based on the evidence on the Tribunal´s file, without taking oral evidence or submissions. For example, If you have no sponsor or representative in the UK this is likely to be the case. You may request your appeal to be determined on the papers at any time. If your appeal is scheduled for a paper hearing, but you wish to have an oral hearing, you may write to the Tribunal with your reasons and an Immigration Judge will make a decision whether to allow your request or not.
Bail Applications
If you are detained and apply to be released on Immigration Bail, your application will be listed for hearing before the Tribunal. Often your application will be heard by video link (see above). There is a section on the application form for you to provide reasons if you feel that you want to attend the hearing in person. If you are to attend in person the Tribunal will arrange for you to be brought to the hearing centre from your place of detention for the hearing. If your application is successful you may be released immediately or you may be returned to your place of detention temporarily whilst arrangements are put in place for the conditions attached to your application to be put in place.
Bail Renewals/Variations
If you are granted bail it will usually be for a set period of time, after which you will be required to come back before the Tribunal for it to be renewed. The Immigration Judge will give you a date when you have to come back for this to take place. You may also request to vary your bail conditions at any time. For example, if you intend to live at a new address, the Tribunal MUST be informed so that your bail conditions can be amended. You must attend these hearings unless you have been given permission by the Tribunal not to.
Bail Forfeitures
If it is considered that you have breached any of your bail conditions, a hearing may be listed for reasons to be given. If the Immigration Judge considers that the reasons given are unsatisfactory and money given as security in your bail application may be forfeited. If you have a surety who has offered money in the course of your application, they may be liable for that money to be forfeited to the Tribunal.
