Last Updated: 2 February 2026

What is an appeal hearing?

If you are appealing a decision, you are asking a judge at an independent court (this means separate from the Home Office) to look at your application and overturn the Home Office refusal. To read more about what an appeal is, what happens after you submit your appeal and how to prepare for one, read our Preparing for Your Appeal page. This page is about what happens on the day of your hearing.

For the majority of people, the First-tier Tribunal is the first court you have access to if you are appealing a refusal by the Home Office.

You can watch our video about Appeal Hearings to learn more about what happens on the day of your appeal at the First-tier Tribunal.

Remote hearings (via video-link) 

Some hearings happen remotely using the Tribunal’s video system (often called CVP which stands for Cloud Video Platform). You will know your hearing is remote before the day and you will be sent a joining link by email (if you have a legal representative, it will be sent to them) If your hearing is remote, you still need to treat it like you are in a courtroom.

The Tribunal has some guidance on how to use the system here. 

Read about how to request a remote hearing here.

In-person hearings at the First-tier Tribunal 

Getting to your hearing 

The date and location of your hearing will be on your Notice of Hearing.

If you are receiving asylum support, the Home Office can pay for your travel to the hearing,  but they will not do this automatically. You (or your lawyer) usually need to ask for a travel ticket in advance. You can do this by contacting Migrant Help. 

Many hearing centres tell everyone to attend for 10.00am, but the Judge decides on the day which order the cases will be heard. This means you should arrive in good time before 10.00am, in case your case is heard first. (Some hearing centres list cases at 10.00am or 2.00pm, but this does not happen everywhere — so always follow your Notice of Hearing.)

Plan your journey in advance and give yourself extra time in case of disruptions. 

If you are running late on the day: Make sure to Contact the Tribunal immediately using the contact details on your Notice (or the ‘Find a court’ or tribunal service) and explain you are running late. Do not assume the case will automatically be delayed because you are late. If you do not attend, the Tribunal may still decide your case without you.

If you are ill or cannot attend: make sure to tell the Tribunal as soon as you can and explain why. If you are asking for the hearing to be postponed, say this clearly and send any evidence  you have (for example a hospital/GP letter ) as soon as possible. Unless the Tribunal tells you not to attend, assume the hearing is still going ahead. If you do not attend, the Tribunal may still decide your case without you.

Arriving at the Tribunal: What to expect 

When you arrive, you will go through security (a metal detector, and any bags searched). You are allowed to leave the building during the day but you must go through security each time you enter, and you may have to queue (especially around 9–10am). Some items are not allowed (for example anything staff think could be used as a weapon, including scissors/other blades, and glass bottles). You can usually take in phones, but you must not take photos, videos, or audio recordings inside.

After security, tell the Tribunal clerk (this is the person who will help you) or the  reception desk that you have arrived. You can check the list in reception to confirm which hearing room your appeal hearing will take place in. The clerk will usually keep you updated about waiting times. Sometimes, at the start of the day, the Judge will bring in everyone who has an appeal hearing on that day,to discuss the order cases will be heard. 

When the Judge is ready for your case, the clerk will take you into the hearing room. If you have witnesses attending, make sure the clerk knows who they are and that they are there. Witnesses usually wait outside the hearing room until the Judge calls them in. This is because they are not allowed to hear your evidence before they give theirs. 

You may be feeling nervous about going to court. You can ask a few friends to sit in the courtroom in the public area, for moral support. They will not be allowed to speak or make any interventions in the proceedings, but it can help to have a friendly face in the room. 

Try to arrange childcare in advance. Hearings can take all day and there may be a long wait. If you bring children, they may be allowed in the waiting area, but you will usually need another adult to look after them while you are in the hearing.

The Hearing

If you have a solicitor or caseworker helping you to prepare your appeal, they will usually ask another type of lawyer – a “barrister”, also called “counsel” – to represent you in court. Most people do not get a chance to meet their barrister before the day of the hearing, and you generally do not see them again after the hearing unless you are appealing at another court and they are continuing to represent you. You will usually have a short meeting with your barrister before the hearing but there may not be an interpreter present for this meeting. 

If you don’t have a legal representative, you will not have a barrister and you will be representing yourself. 

When the Judge is ready to hear your case, a Tribunal clerk will call you and take you into the hearing room. The Judge usually enters the hearing room after you.

The hearing room is usually set up like a meeting room. The Judge sits at the front of the room. You sit at a desk facing the Judge. If you have an interpreter, they are provided by the Tribunal (not the Home Office) and will usually sit close to you so they can interpret the hearing.

The Home Office often sends a representative called a Home Office Presenting Officer (HOPO). The HOPO’s job is to challenge your case. They may ask you questions (cross-examine you) and explain to the Judge why the Home Office thinks the refusal decision was correct and your appeal should be dismissed (this means you lose the appeal and the Home Office refusal stays in place). The Home Office does not always send a HOPO to attend. The hearing will usually go ahead even if the HOPO doesn’t attend but the judge will instead ask more questions.

The HOPO will usually sit on one side of the room, and if you have one, your barrister or legal representative will sit opposite the HOPO.  

You may turn up for your hearing and find out the Home Office is asking for an adjournment (this means delay) because they have not done something they needed to do. If this is granted by the judge, the hearing will take place at a later date. Your hearing may also be adjourned if, for example, the interpreter for your language is not available. You can also ask for an adjournment, but it is less likely to be granted.

Phones must be switched off whilst in the hearing room. You cannot record the proceedings or take any photographs. You can, however, write notes on paper. 

If you have requested an interpreter they will sit next to you. They will interpret the proceedings to you in a low voice or whisper, either while people are speaking or after a statement has been given. Make sure you speak in short, clear sentences so that the interpreter can translate things accurately. If you do not understand the interpreter, or believe that they are translating information incorrectly, you should inform your lawyer (if you have one) or the judge if you are representing yourself. 

You should call the judge – ‘Judge’.

If your hearing runs through lunch time, there will be a 1 hour lunch break from around 1.00pm. 

You will be asked to stand up when the judge enters the room. After that there is no need to stand until the end of the hearing when the judge leaves the room. You can stay sitting down when you address the judge.

The judge will make some introductory statements. They should ask the interpreter (if you have one) to speak with you and check that you understand each other. The interpreter is provided by the Tribunal, not by the Home Office. 

Your appeal hearing may be as short as 30 minutes, or if there are several issues to address or your case is complicated, it may last several hours.

Making your argument

If you have a lawyer, they will explain the legal points to the Judge. You will still usually have to answer questions (this is called giving evidence)

If you do not have a lawyer, you must explain to the Judge why the Home Office refusal was wrong and why you should win your appeal. This section is written for people who do not have a lawyer representing them in the hearing.

• First, your turn: You will usually speak first. You will have the opportunity to explain your case in your own words, and answer the Judge’s questions.
• Then, the Home Office’s turn: If the Home Office has sent a HOPO, that person will then “cross-examine” you. This means that they will ask you questions – often difficult questions – about your evidence and your case. This might last for around 30 minutes, maybe more. The judge may also ask questions if something isn’t clear. If there is no representative from the Home Office, the judge will usually ask you quite a lot of questions instead. 
• The Home Office’s turn again: After the questions, the HOPO will speak to the Judge. They will say why the Home Office thinks the Judge should dismiss your appeal (this means that they are asking the Judge to refuse your case). It may be useful to take notes while they do this as you may want to respond afterwards to what they have said. It can be difficult to listen to this part but it is important that you do not interrupt and that you remain polite and calm.
• Lastly, your turn again: You will then speak again to explain why your appeal should be allowed (why you should win your case). You can respond to what the HOPO has said and remind the Judge of your main points.

In advance, you might want to write down a summary of the key points of your argument to remind yourself what you want to say. You can give a copy of this to the judge if you want, as long as you give a copy to the HOPO as well.

If you have several points to make, make this clear. You can say “my first reason is”, “my second reason is”, etc. Try to stick to one reason at a time, without mixing up different areas of argument. If the areas of argument are connected, you can say this.

You can’t interrupt the judge, the HOPO, or a witness if they are in the middle of talking. If you think the judge is moving on to the next part of the hearing and you haven’t finished what you wanted to say, you can raise your hand to let them know and say something like: “Sorry Judge, I have one more important point I would like to raise please”. 

You can watch this video from Asylum Aid about the appeal hearing to learn more – the video is specific to asylum appeals, but much of the information is relevant for other human rights / immigration appeals.

Communicating during your hearing

An appeal hearing is a formal court hearing. The Judge will usually expect everyone to speak respectfully and not interrupt. Going to the Tribunal can feel frightening, and it is normal to feel upset, angry, or anxious.

If you become very distressed, try to tell the Judge clearly and ask for a short break. Try to avoid swearing, shouting, or walking out without permission. The Judge may make a note of how the hearing went, and serious disruption can be mentioned in the written decision. This includes, for example, repeatedly interrupting, refusing to answer questions, shouting, swearing, aggressive gestures, or speaking over other people.

Judges know that people may be nervous or traumatised. But they can only decide your case using what they hear at the hearing and what is in your documents. The calmer and clearer you are, the easier it is for the Judge to understand you.

If you feel overwhelmed in the hearing, it is okay to ask for a short break. You can say something like: 

• “Judge, I’m feeling overwhelmed. Can I have a short break?”
• “Judge, I need a moment to calm down.”
• “Judge, I’m struggling to answer right now. Can you repeat the question slowly?”

The Tribunal can allow breaks and other support, especially where someone is vulnerable or the evidence is sensitive.

If you are worried this might happen: (because of trauma/anxiety)Tell the Tribunal in advance (or tell the Judge at the start) that you may need breaks, extra time, or other adjustments. The Tribunal has guidance on supporting vulnerable/sensitive appellants and managing evidence fairly.

If you have an interpreter: Speak in short sentences. If the interpreter is going too fast or you don’t understand, tell the Judge immediately. 

Interpreter-Mediated Hearings: Practical Guide and Video

This video and guide were created by Banaz Kamil, a PhD student at the University of the West of Scotland, in collaboration with Dr Susannah Paul at the University of Glasgow. The project was supported by an SLSA Impact Grant and is based on Banaz’s research into miscommunication in the First-tier Immigration and Asylum Tribunal.

The aim is to make the tribunal process clearer and more accessible for people taking part in hearings with interpreters. The video version is designed for people with limited literacy and is currently only available in Kurdish.

The team hopes to secure further funding to produce versions in additional languages in the future.

Outcomes

n most cases, the Judge does not tell you the final decision on the day. The Judge will usually “reserve” their decision and send it in writing later (by post or email).
The written decision is sometimes called the determination.

Appeal allowed means the Judge does not accept the Home Office refusal.
Appeal dismissed means the Judge agrees with the Home Office refusal, and the refusal decision stays in place.

If you have a lawyer, the Tribunal will usually send the written decision to them. If you do not have a lawyer, the Tribunal will send it to you.

If you change address or change representative, tell the Tribunal as soon as you can, so the decision goes to the right place.

What does a Home Office withdrawal of a decision mean?

Sometimes the Home Office may withdraw (take back) the refusal decision during the appeal process (for example at the review stage). If the Home Office withdraws the decision under appeal, the Tribunal will usually close the appeal, because there is no longer a refusal decision to appeal against.

If this happens, the Home Office should normally make a new decision. In some cases, this leads to a grant of status. In other cases, the Home Office may make another refusal decision (which may come with a new right of appeal).

The Home Office withdrawing its refusal decision is not the same as when an asylum claim is withdrawn. This is when the Home Office says it will no longer provide a decision on or consider your initial asylum claim because they believe that you have not been interacting with the system. You can read more about Home Office withdrawals of asylum claims and what to do if this happens to you here.

What happens if you get a positive appeal decision?

If your appeal is allowed, the Home Office may still try to challenge the decision by applying for permission to appeal to the Upper Tribunal. They usually have 14 days to request permission to appeal.

If the decision becomes final, the Home Office should take steps to put your status in place and send you written confirmation..

Prior to 31 October 2024, when someone received a grant of Refugee (or other immigration) status, they would likely receive a Biometric Residence Permit, often referred to as a BRP card. From 31 October 2024, the Home Office replaced the physical BRP cards with digital eVisas. Your eVisa is an online record of your identity and immigration status, and you can use a share code to prove your rights (for example to work or rent). A share code lasts 90 days and you can generate a new one when needed. 

 This is a big change in the UK immigration system which is affecting and will continue to affect many people. We have published a detailed guide on the transition to the eVisa system, which includes information on:

• Who should apply for an eVisa (and when the Home Office may make an account for you)
• Making an online UKVI account in order to apply for an eVisa
• Answers to frequently asked questions (FAQs) from our community

What happens if you get a negative appeal decision?

If your appeal is refused by the judge at the First-tier Tribunal, you may be able to appeal that decision at an error of law hearing in the Upper Tribunal.