There are two tribunals, a First-tier Tribunal and an Upper Tribunal. There is an Immigration and Asylum Chamber in each.
This section sets out guidance for Regional Asylum Team Case Owners and team support on the processes and procedures to be followed when dealing with the substantive appeal against the refusal of an asylum claim.
Preparation for the Appeal Hearing
In preparation for the substantive hearing, the Case Owner should:
a) Review the case file before the appeal hearing
b) Review the Case management Plan
c) Review CMR Record Sheet ASL.2945 and ensure that any actions arising from the CMR hearing have
d) Ensure that all relevant documents have been dispatched to the Asylum and Immigration Tribunal, the appellant and representatives
Case Owners will develop their own method of written preparation to help them to present the case effectively at the hearing.
This will include:
• Identifying the areas of strength and weakness in the Home Office case
• Any preliminary issues that will need to be addressed before the hearing can proceed
• Identifying areas that need to be confirmed/explored by means of cross-examining the appellant and any other witnesses, and decide appropriate
lines of questioning
• A summary of the submissions they intend to make to the court.
Case Owners will need to bear in mind that their preparation may need to be revised in the light of developments at the Case management review (CMR) hearing.
The Case Owner should liaise with the Presenting Officer who has been allocated the court list on which the Asylum Team appeal is listed to ensure that they are aware that the appeal will be presented by an Asylum Team Case Owner.
The ‘Appeal Maintenance’ screen in CID should be checked regularly by a Case Owner, to ensure that any changes of location or hearing date are picked up quickly so that arrangements can be made to reallocate the appeal to another Case Owner if necessary.
“Appeal Process After Initial Decision Checklist”
Application of this instruction in respect of children and those with children:
Section 55 of the Borders, Citizenship and Immigration Act 2009 requires the UK Border Agency to carry out its existing functions in a way that takes into account the need to safeguard and promote the welfare of children in the UK. It does not impose any new functions, or override existing functions.
Officers must not apply the actions set out in this instruction either to children or to those with children without having due regard to Section 55. The UK Border Agency instruction ‘Arrangements to Safeguard and Promote Children’s Welfare in the United Kingdom Border Agency’ sets out the key principles to take into account in all Agency activities.
Our statutory duty to children includes the need to demonstrate:
• Fair treatment which meets the same standard a British child would receive;
• The child’s interests being made a primary, although not the only consideration;
• No discrimination of any kind;
• Asylum applications are dealt with in a timely fashion;
• Identification of those that might be at risk from harm.
Immigration Appeal to be heard before a Senior Immigration Judge or an Immigration Panel
Asylum and Immigration Tribunal (AIT) may decide (at any time before the substantive hearing) that the issues arising in a particular case are complex and therefore
direct that the case should be heard before an Immigration Panel or before a Senior Immigration Judge rather than a single Judge.
In these circumstances, the Case Owner should consult the team leader immediately to decide how to deal with the appeal if they are appearing before a panel for the first time. It may be appropriate for arrangements to be made for the file to be transferred to a senior presenting officer at the relevant presenting officer unit (POU) to present the case before the appeal. If the case is transferred to a
senior presenting officer to present before a panel, the Case Owner should liaise with the presenting officer unit (POU) and ensure that the file is returned to the Asylum Team to continue consideration of the case once the appeal has been heard, and the Case Owner should ensure that contact with the presenting officer unit (POU) is maintained in order to monitor the progress of the case.
So for professional and sympathetic advise kindly feel free to contact our Immigration Solicitors in London and Immigration Solicitors in Cardiff:
Call: 02088677737, 07877257326, 07727255568 & 07873329697