Oral Appeal: In-person vs Remote Hearing

Since COVID-19 and the Tribunal’s Digitisation efforts, the Immigration Appeal process has seen major changes.

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After you have lodged the Appeal Application and submitted the Appeal Bundle, what else can you expect from the actual Hearing?

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Nowadays, you may be asked to attend a Remote Hearing instead of the traditional Physical Hearing courtroom. Regardless of the mode of Hearing, some the most Frequently Asked Questions from our clients include:

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• How do I address the judge, do I call him/her ‘your honour’?
• What shall I say, or not say?
• What if English is not my first language?
• Do I need to wear a suit for this?
• Who can I bring with me?
• Is the experience as scary and intimidating as what I usually watch on TV courtroom drama shows?
• How long do I have to wait?

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To help you prepare for the Big Day, we have prepared a handy Guide below on what to expect in both scenarios:

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Physical (in-person attendance at court)

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Before:

• You will receive a Hearing Notice for the day and time your hearing will take place. You will need to take the notice to the hearing, along with a physical form of ID such as passport.
• There is no formal dress code, although we recommend a clean, tidy and smart appearance.
• Children are normally not required to attend the Hearing, unless advised otherwise by us.
• Upon arrival at court, you would undergo Security Checks and register at the counter. You will be given the Hearing Room number.
• Our Barrister or Legal Representative will meet you outside the Hearing Room. They will have a brief discussion with you and your witnesses to advise you of the process.
• Although your appeal notice has allocated a time, there may be delays on the day and your case may be heard at a later time. Sometimes, if your case is on a ‘float list’, your case may not be heard on the day and instead, the hearing may be adjourned to another date.

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During:

• Usually, you and your witnesses will not be in the hearing at the same time. You will be in the courtroom and if any of your witnesses will need to be questioned, they will be asked to enter the courtroom and you will be asked to leave. You will then be asked to return and your witness to leave.
• If there are children, they are usually asked to wait outside the Hearing Room unless invited inside.
• Our Barrister or Legal Representative will be speaking on your behalf.
• Have your electronic devices in silent mode.
• All attendees are to remain quiet, unless invited to answer questions.
• Please refer to the judge as Sir/Madam.
• If you are given an interpreter, speak in the language you are most comfortable in to express yourself accurately.
• Take time to think, breathe, have water and answer the questions honestly. If you are unsure what the question means, you can ask for the question to be repeated or explained.

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After:

• You will usually receive a decision within 1 month of your hearing. In some cases, the judge may request further information or need more time to produce the determination.
• As your Legal Representative, we shall keep you updated with any news and communicate with the court on your behalf where necessary.

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Remote (video link)

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Before:

• You will receive a Hearing Notice for the day and time your hearing will take place. Once your case has been allocated to a judge, you will receive a meeting link to dial-into the hearing within 24 hours before the hearing time.
• There is no formal dress code, although we recommend a clean, tidy and smart appearance.
• Children are normally not required to attend the Hearing, unless advised otherwise by us.
• Prior to your hearing on the day, our Barrister or Legal Representative will have a brief discussion with you and your witnesses to advise you of the process.
• Although your appeal notice has allocated a time, there may be delays on the day and your case may be heard at a later time. Sometimes, if your case is on a ‘float list’, your case may not be heard on the day and instead, the hearing may be adjourned to another date.

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During:

• Usually, you and your witnesses will not be in the hearing at the same time. You will be invited into the meeting and if any of your witnesses will need to be questioned, they will be asked to enter the meeting and you will be asked to leave. You will then be asked to return and your witness to leave.
• Our Barrister will be speaking on your behalf.
• All attendees are to remain silent, unless invited to answer questions.
• Please refer to the judge as Sir/Madam.
• If you are given an interpreter, speak in the language you are most comfortable in to express yourself accurately.
• Take time to think, breathe, have water and answer the questions honestly. If you are unsure what the question means, you can ask for the question to be repeated or explained.

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After:

• You will usually receive a decision within 1 month of your hearing. In some cases, the judge may request further information or need more time to produce the determination.
• As your Legal Representative, we shall keep you updated with any news and communicate with the court on your behalf where necessary.

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For more information on the entire Appeal process, including the initial lodging of the Appeal application, read here our other Appeal Guide: https://www.qc-immigration.com/blog/what-to-expect-immigration-appeals-tribunal

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FAQs

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What shall I say, or not say?

• Honesty is the best policy, in all Immigration cases. Be respectful and truthful in your answers.

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What if English is not my first language?

• As our client’s Legal Representative, we would normally request for an Interpreter when lodging the initial Appeal application. We would always advise our clients to use the language that they are most comfortable in, so that you can express yourself accurately.

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Do I need to buy a suit for this?

• While there is no formal dress code, we recommend a clean, tidy and smart appearance. Be considerate and respectful to the Judge, Home Office Presenting Officer and all other attendees who may be from diverse backgrounds.

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Who can I bring with me?

• The Appellant and Witnesses are required to attend the Appeal Hearing. Children are not normally invited into the hearing, unless specifically advised otherwise.

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Is the experience as scary and intimidating as what I usually watch on TV courtroom drama shows?

• Not normally. Immigration Judges prefer to keep the hearing succinct and straightforward, in a calm and professional setting. From our clients’ experiences, the opportunity to have a dialogue with a (usually) compassionate judge in an Oral Hearing generally leads to a more positive experience than a Paper Hearing.

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How long do I have to wait?

• The Immigration Judge will normally reserve their decision and provide a written Determination subsequently. You will usually receive the written decision within 1 month of your hearing. In some cases, the judge may request further information or need more time to produce the determination.

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