How to do well at an immigration appeal hearing at the First Tier Tribunal

The answer to such a question will almost always vary depending on the specific case. The focus of some appeal hearings is on the internal consistency of an individual’s evidence, and for others the focus can be on objective/ background evidence.

In order to raise the prospects of successfully appealing a decision of the Home Office, it is essential that an appellant or their legal representative identifies the key features of their case which will be of importance at their appeal hearing.

Oral evidence

Whilst telling the truth is something which is expected of all appellants, small mistakes can sometimes significantly damage an appellant’s credibility. Not answering questions which are put to an appellant by the HOPO or the Judge can sometimes be viewed as being evasive. Therefore, the focus of an appellant should be on listening to the question which is put to them, and ensuring that their response focusses on answering the question.

Sometimes appellants opt to speak in English when they would be more comfortable to speak in another language. It is important to note that a tribunal judge is (mostly) not there to assess an appellant’s ability to speak English, but instead the merits of their case. Therefore, the language in which an appellant chooses to give their oral evidence should be a language in which they are able to properly articulate themselves.

If that language is not English, then the tribunal should be made aware of this as soon as possible to ensure that an interpreter is made available for the appeal hearing.

Corroboration

Where there is evidence which is reasonably available to corroborate an appellant’s claim(s), it should be included in their bundle. If it is evidence which is highly material to the appellant’s case, but is not available at the date of the appeal hearing, an adjournment should be sought in order to obtain that evidence.

As was highlighted by the Court of Appeal in TK (Burundi) v Secretary of State for the Home Department [2009] EWCA Civ 40, an immigration judge is entitled to consider an appellant’s unexplained failure to produce supporting evidence which should have been available to the appellant. (see paragraph 16)

In some situations, the evidence required is produced by the appellant, however it is not translated into English. As per the Immigration and Asylum Chamber Tribunal Procedure Rules, documents which are in a foreign language must be translated into English before reliance can be placed on them.

In conclusion, instructing an immigration lawyer can greatly assist appellants with the presentation of their evidence. A well-prepared appellant’s bundle is greatly appreciated by immigration judges, and assists appellants in presenting their case in an organised manner.

For expert legal advice and representation relating to your immigration appeal hearing, contact Pine Legal today.

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