Frequently Asked Questions

9. The hearing

What happens on the day of the hearing?

Your case will be listed for hearing at 10:00am on the date you will be given. Your case will be on a list of appeals to be heard on that day and all cases are listed to start at 10:00am. The Immigration Judge will decide on the day of the hearing the order in which cases will be heard. This means you may have to wait until later in the day for your case to be heard. Please make sure that you make all the necessary arrangements to attend court for the whole day.

On the day the court clerks will keep you informed about how long you may have to wait. They will also take you into the hearing room when the Tribunal is ready to hear your appeal.

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Who will hear my appeal?

Appeals are heard by one or more immigration judges who are sometimes accompanied by non legal members of the tribunal. Immigration judges and non legal members are appointed by the Lord Chancellor and form an independent judicial body.

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Are all members of the Tribunal legally qualified?

No. At least one member of the Tribunal will be legally qualified but non legal members are not required to be legally qualified.

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Who is allowed in the hearing room?

In the hearing room with you will be:

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Who can ask me questions?

You can expect to be asked questions by the Immigration Judges, your representative and the presenting officer from the UK Border Agency.

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What if I don't understand or can't hear?

It is important that you understand and can hear what happens at the appeal. If you don't understand or can't hear then tell the Judge.

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How will I know when the hearing is going to be?

We will notify you of the date, time and place of the full appeal hearing. If you live outside the UK the hearing will take place in your absence.

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I can't attend my hearing can the date be changed?

If the hearing is within 7 days

If you find that you are unable to attend a hearing, you or your representative must write to us to request an Adjournment. Any request should be made at least 2 business days (business days mean Monday – Friday.UK holidays do not count as a business day) before the date of the hearing. In that letter you must explain why you cannot attend and provide evidence if you have it to support your application, for example, a doctor's medical certificate. It would be helpful if you could provide details of your appeal number and the hearing date.

This Adjournment request will be given to an Immigration Judge who will decide whether or not to adjourn the hearing. All parties to the appeal will be notified of the decision in writing.

If the hearing is scheduled to be heard within 7 days of your request you should fax or send details direct to the hearing centre which is scheduled to hear your appeal. Details of hearing centres.

You and your representative, if you have one, will be informed of the judge's decision. If the judge has agreed to a new hearing date, notice of the date, time and place of that hearing will be sent to you.

You will be told if the hearing is not adjourned and you and your representative, if you have one, must attend the hearing. If you do not then your appeal could be decided in your absence.

If the hearing is more than 7 days away

If you find that you are unable to attend a hearing, you or your representative must write to us to request an Adjournment. Any request should be made at least 2 business days (business days mean Monday – Friday.UK holidays do not count as a business day) before the date of the hearing. In that letter you must explain why you cannot attend and provide evidence if you have it to support your application, for example, a doctor's medical certificate. It would be helpful if you could provide details of your appeal number and the hearing date.

This Adjournment request will be given to an Immigration Judge who will decide whether or not to adjourn the hearing. All parties to the appeal will be notified of the decision in writing.

If at all possible please fax requests for an Adjournment to our Leicester Support Centre. Our fax numbers are: 0116 249 4130 or 0116 249 4252. If you are faxing from overseas the numbers are: 0044 116 249 4130 or 0044 116 249 4252.

If you want to send the request by post please mark your letter and envelope Adjournment Request and send to:

Asylum and Immigration Tribunal
Arnhem Support Centre
PO Box 6987
Leicester
LE1 6ZX

You and your representative, if you have one, will be informed of the judge's decision. If the judge has agreed to a new hearing date, notice of the date, time and place of that hearing will be sent to you.

You will be told if the hearing is not adjourned and you and your representative, if you have one, must attend the hearing. If you do not then your appeal could be decided on in your absence.

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Can I have a say in where the hearing is heard?

Your hearing will be heard at the nearest centre to you, if you are in the UK or the nearest centre to your representative if you are overseas. We have hearing centres around the UK. The main centre are in Belfast, Birmingham, Bradford, Croydon, Glasgow, Harmondsworth, Hatton Cross, London, Manchester, Newport (Gwent), North Shields, Stoke and Walsall. There are also some smaller centres at Nottingham, Surbiton and Yarlswood. Details of the hearing centres.

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Can I ask for a change of hearing centre?

Yes. If you want the hearing to take place at a different centre you must write to the hearing centre where the appeal is listed giving your reasons and providing copies of any supporting documents. Your letter and any documents will be given to an Immigration Judge who will decide if your appeal can be transferred. All parties to the appeal will be notified of the judge's decision.

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How do I get to the hearing centre?

You can find directions to each of the hearing centres on the following page hearing centres.

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Can the case be decided without me or my representative being there?

Yes. If you are not there and have not given a satisfactory reason in advance the judge can decide the case in your absence.

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Do I have to attend the hearing? Does my representative have to attend the hearing?

Either you or your representative must attend the hearing. If neither of you attends you must provide a satisfactory explanation as to why you have not attended. That explanation must be available to the judge on the day of the hearing. This explanation should be provided at least 2 business days (business days mean Monday – Friday, UK holidays do not count as business days) before the hearing to make sure we can get the documents to the Immigration Judge. If a satisfactory explanation is not offered, the judge may determine the appeal in your absence.

If the hearing is some time away you should post or fax any explanation to us at:

AIT Arnhem Support Centre
PO Box 6987
Leicester
LE1 6ZX

Fax 0116 249 4130 or 0116 249 4252. If you are faxing from overseas the numbers are 0044 116 249 4130 or 0044 249 4252

If the hearing is within the next 7 days please fax or send details direct to the hearing centre where the hearing is scheduled to be heard. Details of the hearing centres can be found on the following page hearing centres.

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I don't speak English what will happen?

Please tell us immediately if you need an interpreter and the language and dialect that you speak. You are able to do this on your appeal form. An interpreter will be provided free of charge to translate for you at the full hearing. If you do not have a representative an interpreter will also be booked if there is a Case Management Review.

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Can I bring my own interpreter?

You can bring your own interpreter but they will not be allowed to speak to the Tribunal nor interpret the proceedings for you. This is because the interpreters we use are from a panel of interpreters, they are impartial and have shown they have skills which have been independently assessed.

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