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Hearings

The appeal hearing

You will be notified in writing of the date, time and place of your appeal hearing(s). If you live outside the United Kingdom the hearing will take place in your absence but may be attended by any representative or sponsor that you have.

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.

Types of hearing

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.

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.

Upper Tribunal hearing

The Upper Tribunal will decide if the decision of the First-tier Tribunal involved the making of an error on a point of law and, if so, whether the decision should be set aside. If the decision is set aside, the Upper Tribunal will usually re-make the decision

All-female/All-male

If you consider that there are issues in your appeal that make it particularly appropriate for either a male or female judge to be part of the panel please let us know well in advance and in any event no later than 7 days before the hearing. See the Senior President’s Practice Direction on Vulnerable Witnesses for cases where such a request may be appropriate

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.

Video Link

If the Upper Tribunal considers it appropriate, your case may be heard by video link. If so, you will be informed in advance and told where you should attend.

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.

Deciding an appeal without a hearing

The Upper Tribunal may decide that the appeal (or an aspect of it, such as whether the decision of the First-tier Tribunal should be set aside) can be decided without a hearing. In doing so, it will have regard to any view expressed by a party.