Before the hearing
Once the Notice of Appeal is filed, the Tribunal sends directions that set out what each side must send and by when. The Home Office reviews its decision. Many appeals are decided on the strength of the evidence put in at this stage, so the preparation matters more than the day itself.
We prepare the appeal for you. That includes your witness statement, the supporting documents, any expert or medical report, and an indexed bundle in the form the Tribunal requires. If the case turns on the law, we also prepare a skeleton argument: a short written summary of the legal points.
Your witness statement
Your statement is your evidence in writing. It sets out, in your own words and in a logical order, the facts that matter: your history, your family or private life in the UK, what you fear if you are returned, and any events that explain gaps or inconsistencies in your account. It must be accurate, consistent with your documents, and complete. A judge may rely on what is in it and what is missing from it.
The bundle
The bundle is the folder of evidence the judge reads. It is paginated and indexed and contains the decision letter, the application, your statement, the supporting documents and relevant country information. Documents not in the bundle, or filed late without permission, may not be considered.
The hearing itself
- Where. Hearings are held in a tribunal hearing centre, or by video link in some cases. The Tribunal tells you which in the notice of hearing.
- Who is there. The judge, a clerk, your representative, the Home Office presenting officer, any interpreter and you. Family members can attend the hearing as observers.
- Interpreters. If you need one, we ask the Tribunal to provide one in your language and dialect.
- Your evidence. You are sworn or affirm to tell the truth. You adopt your statement, and the Home Office presenting officer may then cross-examine you, which means asking questions to test it. Your own representative may ask you questions first. The judge may also ask questions.
- Other witnesses. A partner, relative, employer or expert may give evidence if their evidence helps.
- Submissions. Each side then makes legal submissions, which are arguments about how the law applies to the facts.
How to give evidence well
- Listen to the whole question, and answer only that question.
- Say if you do not understand, or do not know, or do not remember. Do not guess.
- Stay calm if the questions feel hostile. It is the presenting officer’s role to test your account.
- Be truthful about difficult points. Inconsistencies are usually more damaging than the underlying facts.
The decision
The judge may give the decision at the end of the hearing, but more often reserves it and sends it in writing afterwards. If you win, the Home Office must reconsider the decision in line with the judge’s findings, and you will normally be granted the status or permission you sought. If you lose, there may be a right to apply for permission to appeal to the Upper Tribunal on a point of law within a short time. See immigration appeals.
If you cannot attend
Tell us at once. The Tribunal can adjourn a hearing only for a good reason, and only if asked in advance. Failing to attend without an explanation can lead to the appeal being dismissed in your absence.
