Your appeal hearing: what happens on the day.
Knowing what to expect makes the day easier. Here is how an asylum appeal hearing works.
What this guide covers
At the hearing, an independent judge decides whether the Home Office was right to refuse you. You give evidence, the Home Office can ask you questions, and both sides make their arguments.
Before the day
- Read your statement again with your representative and an interpreter
- Check your hearing notice: date, time, place, or video link details
- Check the daily court list on the morning, in case anything changed
- Ask for a private hearing, video link or a male or female judge if there is a reason (do this early)
- Tell your representative about any witnesses, and make sure they can attend
- Plan your journey and arrive early
Who will be in the room
- The judge (sometimes with other members)
- A clerk
- Your representative
- A Home Office presenting officer, who argues the Home Office's case
- An interpreter, if you asked for one
- Any witnesses
- Possibly members of the public or press: hearings are usually public
Giving evidence
You usually confirm your statement is true, then you are asked questions by your representative, the Home Office presenting officer, and sometimes the judge.
Helpful
- Listen to the whole question
- Answer only the question asked
- Say if you do not understand
- Speak to the judge, calmly
- Tell your representative straight away if you do not understand the interpreter
Avoid
- Guessing
- Arguing with the presenting officer
- Bringing new documents on the day without telling your representative
- Being late
Video and phone hearings
Some hearings are by video or phone. Your letter tells you how to prepare. Find a quiet, private place, test the connection, and have your documents and a charged phone ready. If you or a witness is outside the UK and wants to give evidence, the Tribunal must be asked in advance.
After the hearing
The judge may tell you the decision on the day, but usually it is sent in writing, normally within 4 weeks. If the appeal is allowed, the Home Office must change its decision. If it is dismissed, ask your representative about permission to appeal to the Upper Tribunal straight away: deadlines are short. The hearing can also be adjourned or part-heard and continued another day.
Common questions
Can my family come?
Usually yes, hearings are public. Tell your representative if a family member is also a witness.
What if I am too unwell to attend?
Tell your representative immediately and get medical evidence. They can ask the Tribunal to adjourn.
General information, not advice on your case
This guide is general information, not legal advice about your case. If you have a decision, a deadline or an interview coming, get advice.
Related guides
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