What Happens at an Immigration Hearing?

How Immigration Hearings Work in the UK

If your immigration application has been refused, you may have the right to appeal the decision. This appeal is heard at an immigration tribunal, not a criminal court. The process differs from what you might expect if your only experience of courts comes from television dramas.

Immigration hearings take place at tribunal centres across the UK. Since the pandemic, many hearings now take place by video link, so you should check your hearing notice to confirm whether you need to attend in person or join remotely. A legally qualified judge will hear your case. In some situations, the judge sits with one or more non-legal members who bring other expertise to the panel. There is no jury involved in immigration appeals.

The atmosphere is formal but generally less intimidating than a Crown Court. You will usually sit at a table facing the judge, with your representative beside you if you have one. A Home Office presenting officer will attend to put forward the government's position on your case.

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Reasons for an Immigration Appeal

An appeal can follow several types of refusal. Common situations include:

• A refusal to allow entry to the UK
• A refusal to grant leave to remain
• A refusal of an asylum claim
• A decision to deport someone already living in the UK
• A refusal to issue a family visa or spouse visa

Appeal rights have been significantly curtailed in recent years. Decisions on human rights and protection claims often carry appeal rights, while refusals under the points based system generally do not. Some decisions can only be challenged through administrative review or judicial review. The refusal letter you received will explain whether you can appeal and the deadline for doing so. These deadlines are strict, so check them carefully.

If you are in the UK, you will usually have 14 calendar days to lodge an appeal. If you are outside the UK, the deadline is typically 28 calendar days. Bank holidays count towards these deadlines, so factor them in when calculating your timeframe. The appeal is submitted to the First tier Tribunal (Immigration and Asylum Chamber).

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Types of Hearing

Most appeals proceed directly to a full substantive hearing, though in some cases there may be a preliminary case management review hearing first. If a case management review is scheduled, its purpose is to identify the issues in dispute, check that evidence has been exchanged, and set directions for the full hearing.

If you do not have legal representation and a case management review has been scheduled, attending is important. If nobody appears on your behalf, the judge may decide to determine your appeal on the papers alone. This means the judge will read the written evidence and make a decision without hearing from you in person, which limits your opportunity to explain your circumstances directly.

Adjournments of hearings can be granted, but tribunals require strong justification and do not grant them routinely. If you need to request an adjournment, do so as early as possible with clear reasons.

The full hearing is where the judge considers all the evidence and makes a decision. You will usually be asked to give evidence and may be questioned by the Home Office presenting officer. Any witnesses you have asked to attend can also give evidence. Your representative, if you have one, will make legal submissions on your behalf.

Hearings can last anywhere from a couple of hours to a full day, depending on the complexity of the case. Asylum appeals and human rights appeals often take longer because they involve detailed evidence about personal circumstances or conditions in other countries.

Preparing for Your Hearing

Thorough preparation can positively influence the outcome of your hearing. Gather all the documents that support your case and make sure they have been submitted to the tribunal and the Home Office in advance. The tribunal will usually set a deadline for evidence, and late documents may not be accepted without good reason.

Bring copies of everything with you on the day. This includes your appeal bundle, witness statements, and any identity documents. Arrive early to allow time for security checks and to find the right room. If your hearing is by video, test your connection and equipment beforehand and find a quiet space where you can speak freely.

If you need an interpreter, inform the tribunal as soon as possible. They can arrange one at no cost, but only if you request this in advance. Using a professional interpreter ensures accuracy and avoids misunderstandings during questioning.

Think about what questions you may be asked. The judge and presenting officer will want to understand your circumstances, your reasons for wanting to stay in the UK, and any risks you may face if removed. Answer honestly and as clearly as you can.

Legal representation is not compulsory, but it can help considerably. Legal aid is available for certain types of case, particularly asylum and some human rights appeals, though eligibility criteria are strict and availability is limited. You can search for a legal aid provider on the GOV.UK website or contact organisations such as the Immigration Law Practitioners' Association for help finding advice.

After the hearing, the judge may give a decision on the day or reserve it for later. A written decision will be sent to you, usually within a few weeks. If your appeal is refused, you may have further options depending on the grounds, including asking for permission to appeal to the Upper Tribunal, which reviews decisions of the First tier Tribunal for legal errors.

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Court Preparation Checklist lets you going to court for the first time can be overwhelming. Tell us your situation and get a personalised checklist covering what to bring, what to wear, what to expect, and how to prepare. Try it now →