How to Submit an Immigration Appeal – Part 3: The Hearing

This part of my blog provides a summary of what happens at the actual hearing in the Immigration Tribunal. You will be attending the First Tier Tribunal for your hearing. Your representative and the Home Office Presenting Officer (HOPO) will both be present and you will meet your representative for a quick meeting before the hearing starts.

In the Court room there may be other cases before and after you so there will be other people in attendance. You will be allowed into the Courtroom but any further witnesses in your case will have to wait outside until they are called to provide evidence. After they have provided evidence, they will be allowed to stay in the room.

In the Courtroom, there will be a Judge, a court clerk, the HOPO and your representative and the room will usually be set up in a classroom style with tables and chairs. Other people may also be present as stated above as there may be more than one hearing in the same Courtroom and most hearings are open to public viewings.

When called to give evidence, you will usually be seated and your representative and the HOPO will also be seated. Your representative will ask you questions and then the HOPO will cross examine you. The Judge may intervene and ask questions at any point if they need clarification.

After you have finished giving evidence, any other witnesses in support of your case will be called and they will be asked questions in the same way.

The Judge may provide his decision straightaway but it is more likely that he/she will reserve the decision and provide a written one in 2 to 3 weeks. The Judge will most likely decide in three ways: –

  • allow the appeal and ask the Home Office to grant you the Visa.
  • refuse the appeal after which you may have a right to appeal to the Upper Tribunal.
  • ask the Home Office to reconsider their decision.

My previous articles in this blog talk about submitting a Notice of Appeal and preparing the Appeal Bundle for the hearing day. To read these blogs, click on the links below: –

If you require assistance with any part of the Immigration appeal process then please contact Ami for assistance by clicking here.  

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