Appeal hearing

ⓘ Information card

Hearings are in public, so when you have your hearing there may be members of the public in the room too. If you do not want your hearing to take place in public, because you fear for your safety or because of the sensitive nature of your case, you can request that the hearing takes place in private. You should do this well in advance of the hearing.

If you are representing yourself (you do not have a lawyer), remember to bring all the necessary documents with you. This includes your Notice of Hearing and any documents you want the judge to consider.

Your appeal will probably be heard by one judge. Occasionally, more than one judge will sit as a panel but this is unusual.

You may turn up for your hearing, and find out the Home Office are asking for an “adjournment” for some reason. If this is granted by the judge, the hearing will take place at a later date. You can also ask for an adjournment, but it is less likely to be granted.

If you have a lawyer, they will address the judge and give the legal arguments, but you will also have to give evidence.

Whether or not you have a lawyer, you should read the Right to Remain Toolkit page on Your Appeal Hearing for more information about the appeals process.

Now read the problem cards below. Discuss with a friend (or have a think if you’re doing this on your own) what you might be able to do in this situation. When you have finished discussing/thinking, click to reveal a suggested action.

⚠️ Problem card

You are nervous about going to court (the Tribunal) for your appeal hearing.

  • Click to show action…

    This is a completely normal feeling. It can be useful to find out where the Tribunal is in advance, and go and visit it. Find out the travel route you will need on the day.

    You can ask a few friends or supporters (not too many) to sit in the court room in the public area, for moral support. They are not allowed to speak or make any interventions in the proceedings, but it can help to have a friendly face or two in the room.

    You may even want to practice by doing a pretend hearing with friends/supporters, with someone playing the judge and someone else the Home Office Presenting Officer.

⚠️ Problem card

The appeal hearing is being held at a court (Tribunal) far away and you cannot afford to travel there.

  • Click to show action…

    If you are receiving asylum support, the Home Office will pay for your travel to the hearing. They will not do this automatically – you or your lawyer need to fill out a form to request that the Home Office provide a travel ticket.

⚠️ Problem card

You have young children and you will be at the appeal hearing for many hours. You are worried about them having to wait all day at the Tribunal (court), and you do not want them to be in the appeal hearing as your story is upsetting.

  • Click to show action…

    If you need childcare, ask friends, family or your community if they can help with this. You may have people who can look after your children, or supporters may be able to help fundraise to pay for professional childcare.

NEXT STAGE: POSSIBLE OUTCOMES AFTER APPEAL