What usually happens at an oral hearing

This page describes the usual stages of an oral hearing: introduction, questions, closing points and Judge's decision.

One of the Tribunal's hearing rooms

Introduction

The Judge introduces everyone who is taking part in the hearing. If there is an interpreter, the Judge checks you understand each other.
The Judge explains that the hearing is about if you should get (or continue getting) section 95 or section 4 support.
If there is a Home Office representative, the Judge asks them to say why the Home Office has refused or stopped support. If you have a representative, the Judge asks them to introduce what your case is about.

How do I talk to the Judge?

If the Judge is a man, call him ‘Sir’
If the Judge is a woman, call her ‘Madam’

Questions

After the introduction, you are asked questions. Your answers are your ‘oral evidence’. See Preparing for your hearing (especially tip 4) for how to make a good impact when answering questions.
If you have a representative, they ask you questions first. These questions will help you explain your story and documents to the Judge. If you do not have a representative, the Judge asks you questions.
If there is a Home Office representative, they ask you questions. These questions may be more difficult, because they are meant to help the Home Office’s case.
If you have a representative, they may ask you more questions after the Home Office questions. And the Judge may also ask some questions.

Important – toilet break, feeling ill or upset

If you need to go to the toilet during the hearing, let the Judge know.

If you feel ill or upset during the hearing, ask the Judge if you can have a short break.

Closing points

If there is a Home Office representative, they say why the Home Office decision to refuse or stop support is correct.
If you have a representative, they say why the Home Office decision is wrong.
If you do not have a representative, the Judge may ask if you have anything else to say about why you should get (or keep getting) support.

Judge’s decision

The Judge usually tells you their decision at the end of the hearing. If you have a paper appeal, you will be sent the decision on the day it is made. There are 4 types of decision:

‘Allowed’ – you win your appeal. You will get, or keep getting, asylum support.

‘Dismissed’ – you lose your appeal. If you are already living in Home Office accommodation, you may be told to leave very soon (even the same or next day).

‘Remitted’ – the Judge asks the Home Office to make a new decision on your case. If you were already getting asylum support before the appeal, this support continues until the Home Office makes its new decision.

'Strike-out' – This means your appeal has come to an end and will no longer be considered. This may be because you have appealed a decision for which there is no right of appeal, or because there is no realistic chance of your appeal succeeding. If you are receiving support from the Home Office, you may be told to leave your accommodation very soon.

The Judge will write a Decision Notice to confirm the result at the end of the hearing. This is a single piece of paper.

After the hearing, the Judge will write a Statement of Reasons to explain their decision in more detail. You should get the Statement of Reasons by post 3 days after the hearing (unless it is sent to your representative, if you have one).