Immigration Asylum Tribunal Hearings

Immigration Asylum Tribunal Hearings

If your UK visa or immigration application has been refused, our immigration lawyers at Duncan Lewis can advise you on the merits of appealing to the First-tier Tribunal (Immigration and Asylum Chamber), prepare your immigration appeal and represent you at your immigration appeal hearing.

Once your immigration appeal has been submitted, as your immigration lawyers, we will start preparing your appeal case, including by drafting an ‘appeal skeleton argument’ (a summary of your case, a schedule of issues and reasons why we disagree with the Home Office decision) and uploading supporting witnesses statements and documentary evidence.

The Immigration Tribunal will then forward the appeal skeleton argument and our bundle of supporting documents to the Home Office. The Home Office will then carry out a review. The review is an important way to narrow the issues and, on many occasions, reach agreement as to the way forward, including by way of withdrawal with a view to a grant. 

A well prepared immigration appeal can lead to avoid the need for the matter to proceed to an appeal hearing before an Immigration Judge.  It is therefore extremely important that the Home Office is provided with all necessary information and that appeal arguments are clearly and succinctly advanced.  

Appeals at the First-Tier Tribunal

• Cases will be decided at an oral hearing in person or they could be conducted remotely. 
  

   

  What will happen to my appeal?

   

   At your hearing, you and your sponsor (witness) might be cross-examined (asked questions by the Home Office representative, your own legal representative and the Immigration Judge) in relation to your immigration or asylum appeal. The Home Office representative would then make submissions as to why your appeal should be dismissed and your own legal representative would make submissions to explain why the appeal should be allowed. The Immigration Judge would normally reserve the determination and would give his or her decision at a later date in writing.

Appeals at the Upper Tribunal

• Similar to hearings at the First-Tier Tribunal, face to face hearings at the Upper Tribunal have resumed.
• Cases at the Upper Tribunal could be decided on paper (without the need for a hearing) where this is possible. Appeals from the First Tier Tribunal (FTT) to the Upper Tribunal (UT) happen when the Immigration Judge (IJ) at the FTT has made an error of law. This can arise in many ways. For instance it can be an obvious error, e.g. the IJ had used the wrong burden of proof or it can be a bit more subtle, e.g. the IJ has failed to consider documents which were in front of him or her. We would advise you accordingly and we would explain to you whether there are any merits to appeal the matter further to the UT.

We understand that a hearing in itself can be a very daunting experience and more so now with the rapidly changing Tribunal landscape. If you are worried about these new processes and how they might affect your ability to effectively prepare your appeal and participate in your hearing please contact our specialist immigration team who are happy to advise you further.

We offer both telephone and video meetings via a range of video and messaging services.

To speak with one of our expert UK immigration lawyers please call 033 3772 0409, use the ‘Contact Us’ function below or set up a video consultation, to do so -  click this link.