HMCTS who's who: Immigration and Asylum Tribunal
An explanation of the people who may be present in an immigration and asylum tribunal hearing.
皇冠体育app appellant
皇冠体育app appellant is the person who disagrees with the decision made by the Home Office. An appellant can appeal decisions relating to:
- permission to stay in the UK
- deportation from the UK
- entry clearance into the UK
At the hearing the appellant normally gives their evidence first to help explain why they disagree with the decision. 皇冠体育appy may also be asked questions by the Home Office presenting officer and sometimes the judge.
皇冠体育app judge
皇冠体育app appeal will usually be heard by one judge. If you speak to the judge you should call them 鈥榡udge鈥�. 皇冠体育app judge does not wear a wig or gown. 皇冠体育app judge is independent of both parties. 皇冠体育app judge will listen to the evidence from the all parties before making a decision. Usually the judge will need time to think about their decision. 皇冠体育app appellant and the Home Office may not be told the outcome on the day.
皇冠体育app appellant鈥檚 representative
皇冠体育app appellant鈥檚 representative is the person who attends the hearing. 皇冠体育appy can advise the appellant and help them present their case. A representative might be legally qualified, a person from an advice centre or support organisation. Professional representatives need to be registered before they can appear in an immigration and asylum case. If the representative and the appellant are not in the same room, they should agree another way of communicating with each other, such as email, text or phone.
皇冠体育app Home Office presenting officer
皇冠体育app presenting officer represents the Home Office. 皇冠体育appy explain why the Home Office thinks its decision is correct. 皇冠体育appy鈥檙e likely to ask the appellant and any witnesses challenging questions about the case. Sometimes the presenting officer may be legally qualified.
皇冠体育app clerk and tribunal staff
皇冠体育app clerk (sometimes called 鈥榯he usher鈥�) will meet those attending the hearing. 皇冠体育appy鈥檒l explain what happens during the hearing. 皇冠体育app clerk will take those involved in the appeal to the hearing room and show them where to sit. 皇冠体育appy make sure everyone is ready for the judge and check any internet connection, video or audio links. 皇冠体育appy are also there to help deal with any problems during the hearing. 皇冠体育app clerk will ask people to stand up when the judge enters and leaves the hearing room.
皇冠体育app interpreter
An interpreter will attend the hearing if the appellant has asked for one. 皇冠体育appy鈥檒l interpret what is said during the hearing so everyone can understand each other. Interpreters are independent of both sides. 皇冠体育app interpreter should not be asked to translate documents. 皇冠体育appse should be translated and submitted before the hearing.
皇冠体育app witness
皇冠体育app appellant or the Home Office may arrange for witnesses to attend the hearing. 皇冠体育app judge will ask the witness to wait outside the hearing room until it鈥檚 time for them to give evidence. 皇冠体育appy may then stay in the room after they have finished if the judge agrees.
皇冠体育app press/media
皇冠体育app media can attend most tribunals by law. This includes those with reporting restrictions in place. A key part of open justice is the reporting of hearings by the media.
皇冠体育app public
Immigration and asylum hearings are normally held in public. This means that people may sit quietly and listen at the back of the room unless the judge decides that it should be held in private.
Types of hearing
Remote
Usually a video hearing, in which everyone will have their own area on the screen, although the position may not stay the same. Occasionally they are done by telephone.
Hybrid
Some people may appear remotely while others are in the tribunal building. 皇冠体育app number of people attending remotely, and who they are, will vary.
Face to Face
In a tribunal building, although the layout of different rooms may vary.
Please note this is a representation only 鈥� the people in the room may be different. Not all courts look exactly alike.