Immigration Hearings: What to Expect at the First-tier Tribunal
In This Article
1. Understanding the First-tier Tribunal (Immigration and Asylum Chamber)
2. Confirming the Date and Location of Your Immigration Hearing
3. Who Attends the Immigration Hearing?
4. What to Wear and Where to Sit in the Tribunal Room
5. Step-by-Step Guide to the Immigration Hearing Process
6. Opening Statements and Housekeeping
7. Examination-in-Chief: Presenting Your Evidence
8. Cross-Examination: What to Expect
9. Re-Examination: Clarifying Your Testimony
10. Witness Testimony: Roles and Procedures
11. Legal Oral Submissions from Representatives
12. Special Considerations When Using an Interpreter
13. How Long Will the Immigration Hearing Take?
14. Can Family and Friends Attend the Immigration Hearing?
15. Will I Receive a Decision on the Day?
16. Tips to Prepare for Your Immigration Hearing
17. Contact Our Immigration Barristers
18. Frequently Asked Questions
19. Glossary
1. Understanding the First-tier Tribunal (Immigration and Asylum Chamber)
Navigating the UK’s immigration process can be complicated and stressful, this is particularly true where one is going through the appeals process. For many individuals, attending an immigration hearing will be the first time they are encountering the UK’s court system. It, understandably, will be an anxiety provoking day, with the outcome resulting in life changing consequences. This article aims to aid in lessening some of that anxiety by shedding light on what happens at an immigration hearing.
The focus will be on hearings heard by the First-tier Tribunal (Immigration and Asylum Chamber) (‘the Tribunal”). This is the first level of court responsible for hearing appeals against Home Office decisions regarding entry clearance, permission to stay and deportation. The Tribunal also considers bail applications and bail review hearings. This article is written on the basis that you will be represented at an immigration hearing. If you are representing yourself, what happens will be similar although you will be taking the position of your own representative.
2. Confirming the Date and Location of Your Immigration Hearing
The date and location of the immigration hearing will normally be stated on a Notice of Hearing, issued to your representative by the Tribunal. This is usually issued following a review of your case, that is a consideration of your legal arguments and the bundle of documents containing your evidence sent to the Home Office previously. In this case, the Home Office will have undertaken the review and decided that they would like to proceed to a hearing of the appeal.
It is important to note that generally Notice of Hearings will put the time as 10:00 am for in person hearings. This is because judges tend to have a number of cases before them and they will decide which order they will hear the cases on the day. You should aim to arrive at the Tribunal at least half an hour before.
Sometimes hearings will be stated to take place online. The Notice of Hearing will state the location as Cloud Video Platform (CVP) if so. Where it is taking place online, at times the Notice of Hearing will state the precise time to join the CVP, for example, 14:45. You should aim to join the CVP around 15 minutes before the stated time. The Tribunal also encourages you to have discussed how you will communicate with your representative during the immigration hearing, if necessary.
3. Who Attends the Immigration Hearing?
The key people at the immigration hearing will include the Judge – who will be responsible for hearing the case from both sides and then coming to a decision. The Judge is independent from the Home Office. The Judge will be assisted by a Clerk, who will be responsible for managing the administrative side of the hearing. This can include checking that everyone who needs to be at the immigration hearing is present, the recording of the proceedings has been started (allowing for transcriptions where necessary) and ensuring that the hearing runs accordingly.
You will also attend, as the appellant, accompanied by your representative. They will likely be referred to as Counsel. The Home Office should also be represented at the immigration hearing, although in some situations, no one will attend on their behalf. The individual who attends will usually be a Home Office Presenting Officer (‘HOPO’). Sometimes the Home Office will also instruct Counsel. If the Home Office is unrepresented, the hearing will usually go ahead and the Judge may ask more questions to those giving evidence in such circumstances.
Some hearings will involve witnesses, individuals giving evidence on behalf of one party or the other, normally the Appellant’s side. These could be family members or friends who will be providing evidence about your circumstances. You may also have experts, for example, country experts although usually their reports will stand as their evidence and they will not need to attend. This all depends on the circumstances of your appeal. Witnesses will have been given permission to attend and give evidence in advance of the immigration hearing. It is important to note that witnesses will not be able to sit in the hearing before they give their evidence; they will be called in one at a time to do so. This helps ensure that their evidence is not influenced by what they hear others say.
You can also have family and friends attending the immigration hearing, where they are not giving evidence as is covered further below.
4. What to Wear and Where to Sit in the Tribunal Room
The Tribunal hearing rooms are similar to offices or conference rooms. There is normally one Judge presiding over the proceedings, although sometimes they may be accompanied by another Judge who is there for monitoring or training purposes. The Judge(s) will sit at the front of the room, on a raised platform (the Judge’s bench).
You will sit at a desk directly opposite the Judge’s bench. Where there is an interpreter, they will normally sit next to you. The HOPO will normally sit on the desk closest to the door, whilst your representative will sit on the other side of you, facing the HOPO. It might be the case that this switches, but you should always be facing the Judge.
You should wear normal business clothes, where possible. The Judge will also dress in business attire and so will the representatives. There will be no gowns or wigs.
5. Step-by-Step Guide to the Immigration Hearing Process
When the immigration hearing is about to start, the Clerk will go and get the Judge. They will announce that the Judge is about to enter and you will be expected to stand alongside everyone else in the room, who is able to. The Judge will enter the room and should then ask everyone to sit.
6. Opening Statements and Housekeeping
The Judge will usually begin by introducing themselves and explaining how the hearing will work. They may also speak directly to the representatives present in the room. Where speaking to the representatives, they are likely discussing “housekeeping” matters, for example, the legal issues in the case to see if there has been any changes since the last review by the Home Office; how many witnesses will be appearing; if there are any applications that need to be made, for example, for an adjournment if someone is not ready to proceed to a full hearing. They will also check that everyone has access to the documents in the case, these will have been sent to the Tribunal in advance.
7. Examination-in-Chief: Presenting Your Evidence
You will normally have prepared a statement which will provide the facts relevant to the issues at hand in the appeal, for example, if appealing a refusal of an unmarried partner visa because the Home Office have said that your relationship is not genuine and subsisting, the statement would have focused on this. Your representative will refer to this statement and ask you to adopt it. This means that you will be taking the statement to be what you are saying as your evidence in the case. You will not have to say it all again during the hearing.
Your representative will ask you a few questions in order for you to adopt the statement. They will ask you to confirm your name, date of birth, address and whether you are familiar with the statement. For example, they will ask for confirmation that you have read it (or that someone has read it to you in a language you understand), that your signature is the one at the end of the statement and you remember signing the document. Once this has been confirmed, this is normally the end of your representative asking you questions. Sometimes, the representative might ask the Judge for permission to ask you some other questions. This is normally the case where there have been relevant changes to your circumstances since the witness statement was submitted.
8. Cross-Examination: What to Expect
Following the examination-in-chief, the HOPO will have their turn at asking you questions. This is the part which most individuals find understandably stressful. This part of the immigration hearing will involve them testing your evidence, credibility and putting to you what they think the actual truth is. They will be seeking to draw attention to any inconsistencies present in your evidence. You should answer all questions truthfully and honestly. As hard as it may be, you should also remain calm and polite throughout.
You should not rehearse your answers, however, it will likely be helpful for you to have read your statement before the hearing to remind yourself of your evidence. Feel free to ask for a question to be repeated, if you did not hear it or understand it. Sometimes the Judge will ask for questions to be rephrased too, where they are not clear. The Judge may also interrupt and ask you questions. This should not worry you, as it also shows that they are actively listening to your evidence and likely will be asking questions to get a better understanding of your circumstances.
It can be difficult to know who to address when you are being asked questions. You should look at the Judge and address your answers to them as they are the one who will be deciding the case ultimately. Please make sure that you provide answers in a slow, clear and audible manner, to allow for everyone to make notes, particularly the Judge. In most situations, you will see that they are not even looking at you as they are busy making a note of the proceedings. There will likely be periods of silence as everyone catches up on their notes, or gathers their thoughts. Try not to be intimidated by such silences and do not feel as if you need to fill them in. Use the moments to breathe and gather your own thoughts. When the HOPO has finished, they will likely say they have no further questions and it will normally be the end of you giving evidence, unless the Judge or your representative have any further questions.
9. Re-Examination: Clarifying Your Testimony
This is where your representative will have further questions. It is often not necessary, however it may occur in some cases. It is an opportunity for your representative to ask you questions to clarify any answers you might have given during cross-examination.
10. Witness Testimony: Roles and Procedures
Each witness you have will go through the same process you have undertaken. They will have their examination-in-chief, followed by their cross-examination and re-examination, where necessary. Sometimes it will be the case that they will not have cross-examination or re-examination. Once they have given their evidence, they will be able to remain in the room as there is no risk of their evidence becoming contaminated by what they hear. If they do not wish to remain at the immigration hearing, it will be possible for them to leave after they have given their evidence as long as they do not do so disruptively.
11. Legal Oral Submissions from Representatives
Following the provision of evidence by yourself and your witnesses, each representative will have the opportunity to address the Judge as to how the requirements are or are not met in relation to the appeal. They will do this by giving oral submissions. The HOPO will go first, addressing the Judge as to why your appeal should be dismissed. They will then be followed by your representative, who will address the Judge as to why your appeal should be allowed. The Judge will have an idea of the submissions each side will make as they will have submitted a written documents explaining their side of the case with reference to the Immigration Rules, case law, any applicable Guidance and evidence you submitted. The oral submissions may not be as fully detailed as their written documents, or might not cover every point raised within those as they will be aware that the Judge can refer to these again at a later stage.
12. Special Considerations When Using an Interpreter
Where you have an interpreter, the Judge should check at the start of the immigration hearing that you and your interpreter understand each other. This should involve the interpreter interpreting what the Judge is stating and you answering a few questions. You should try to not interrupt your interpreter when they are speaking. If you do not understand them, you should say so. If you genuinely believe they are not accurately interpreting what you are saying, you should inform your lawyer or Judge in a non-disruptive way. As above, the interpreter is likely to sit next to you. Make sure you speak in short, clear sentences so they can hear you. It is also possible to bring your own interpreter, if you wish, but you will be using the Court’s interpreter. Your interpreter may be useful to double check that everything is being interpreted appropriately but they will only be able to speak through your legal representatives.
13. How Long Will the Immigration Hearing Take?
This depends on the nature and complexity of your appeal, as well as the type of hearing. Where your hearing involves a number of witnesses, the hearing could take some hours, some immigration hearings can also take less than an hour.
14. Can Family and Friends Attend the Immigration Hearing?
You can bring your family and friends to the hearing. Anyone who is not giving evidence at the hearing, will be required to sit at the back in the area that is reserved for the public, where there is space as the Tribunal rooms can be small. They will need to ensure that they do not speak throughout the immigration hearing, unless asked to do so.
15. Will I Receive a Decision on the Day?
It is possible to receive a decision on the day, however, most Judges decide to reserve their decision. This means that they will issue a written decision after consideration of the oral and written evidence. They do not always give an indication of when the decision will be issued and it can take weeks or months, depending on the complexity of the case and the number of cases on their roster.
16. Tips to Prepare for Your Immigration Hearing
- Speak to your representative about the hearing, where possible both before the day and on the day and ask any questions you might have;
- Read through your evidence but do not rehearse your testimony;
- Arrive early as you will be required to go through security and there could be queues. You can find your Tribunal Hearing Centre and it will also be identified on the Notice of Hearing;
- Make sure to bring some food as you might be there for a long period of time. You could potentially get snacks from vending machines if available, however it is not always clear when you will be able to go for lunch as you can get called at any time;
- If you wish to, bring someone who can be with you in the immigration hearing, even if not a witness, as long as they don’t disrupt the proceedings.
17. Contact Our Immigration Barristers
For expert advice and assistance in relation to immigration hearings or any other matter, contact our immigration barristers in London on 0203 617 9173 or via the enquiry form below.
