Ellis 2 Service Portal WP - Resources/View - Self Service Portal

Resource

*

*

<div data-wrapper="true" style="font-size: 12px; font-family: &quot;Segoe UI&quot;, &quot;Helvetica Neue&quot;, sans-serif">

<p>If you choose to use your right to appeal, you will need to contact your legal representative as soon as you have received notification that your claim has been refused. They will need to arrange an appointment with you to discuss your refusal and to establish the grounds of appeal.</p>

<p>
For a legal representative to represent you under legal aid (which helps with the costs of legal advice), you will need to show that you are on a low income and that your case has a realistic chance of success. This means that legal aid will only be granted if your case has a 50% or more chance of success. Your legal representative will complete a merit test to determine whether this is the case. If you fail the merit test, you will be refused legal aid.</p>

<h3>What if I am refused legal aid?</h3>

<p>You or your legal representative can ask for the refusal of legal aid to be reconsidered. Please ask your legal representative about appealing the refusal of legal aid. If you are unable to access legal aid and your legal representative is able to work privately for you, you will have to pay for this legal advice. They must explain to you, and you must agree to, their terms of business before they can start working for you privately.</p>

<p>If you are refused legal aid, and cannot afford to pay for legal advice, you will be able to represent yourself if you choose to.</p>

<h3>Appeal hearing</h3>

<p>Appeal hearings are heard at the HM Courts and Tribunal Service - Immigration and Asylum Chamber (IAC). There are a number of courts in the UK. You will be notified in which court your hearing will take place once your appeal has been submitted. There are two tribunals, a First-tier Tribunal and an Upper Tribunal. There is an Immigration and Asylum Chamber in each. The role of the First-tier Tribunal is to hear and decide appeals against decisions made by the Home Office.</p>

<p>Once your appeal hearing date has been set for you, you will receive a letter confirming the date, time and place of your court hearing. If you are supported by the Home Office, you can apply to it for travel tickets. You will need to send a copy of your hearing letter and a request for tickets. You must do this at the earliest opportunity. Please contact Migrant Help on 0808 8010 503 if you need help and support to do this.</p>

<p>An Immigration and Asylum Chamber may decide (at any time before the substantive hearing) that the issues arising in a particular case are complex and may therefore direct that the case should be heard before an Immigration Panel or before a Senior Immigration Judge.</p>

<p>It is important that you arrive at least 30 minutes before your hearing at the hearing centre. You will need to go through security and find out which room your hearing is taking place in.</p>

<p>You may find that the following people are in the room during your hearing:</p>
<ul>
<li>• Immigration Judge: they will sit in the front of the room on a raised platform. They will lead the hearing and are likely to ask you, your legal representative, and the Home Office Presenting Officer questions about your case.</li>
<li>• Home Office Presenting Officer: you may find that the Home Office has sent a representative to present their side of your case and defend the reasons for not granting you leave to remain in the UK.</li>
<li>• Witnesses: any witnesses called to give evidence in your case.</li>
<li>• Court interpreter: if you have requested an interpreter, they will interpret any questions the judge asks you and your response. They must interpret what you say accurately so that the court has a full record of the information you
provide. Interpreters are required to keep any information you provide strictly confidential. If you have any concerns about your interpreter or do not fully understand their accent or dialect, you should raise this with your legal representative and the Immigration Judge as early as possible. It will not affect how your case is decided or the outcome of your case.</li>
</ul>

<p>
Courtrooms are public places, so you may also find that there are other people in the room.</p>

<h3>Adjournments</h3>

<p>A request for an adjournment (postponement) may be made to the IAC by you or your representative at any time after the hearing date is set and before your hearing date. The request may be made at the Case Management Review Hearing. You or your representative may argue that more time is needed to obtain evidence to support your appeal (such as a medical report or documents from abroad).</p>

<p>The judge, the Home Office or your legal representative may request an adjournment if an issue comes up during your appeal hearing that needs further investigation.</p>

<p>If you have documents in your home country that you think are important, you should discuss this with your legal representative as soon as possible. It may be possible to delay the consideration of your claim while you arrange for these documents to be sent here, providing it is safe for you or your family to do so.</p>

<p>If the judge decides to adjourn the hearing, a revised date should be given. This should not be more than 28 days after the original hearing date unless there are exceptional circumstances.</p>

<p>The judge may decide not to adjourn, and you will have to attend the court. If you do not, your case may still be decided without you being present.</p>

<h3>During your appeal hearing</h3>

<p>You must answer the judge fully and with as much information as you can give. The judge, your legal representative and the Home Office representative may discuss how the law applies in your case.</p>

<p>You may feel that you do not want to talk about certain issues, particularly personal or sensitive matters, but the issues that are often very difficult to discuss can be vital evidence to establish your claim. All the information you are able to provide will help the judge to better understand your reasons for seeking protection.</p>

<p>It is essential that you tell the truth and provide as much information as you can about what happened to you and why you need protection.</p>

<p>You may not know what decision the judge has reached as soon as your hearing has finished. The judge will take your papers away with them and have a look at the case and then make a decision. The decision will then be sent to you.</p>

<p>The judge will consider your asylum appeal by applying the ‘Refugee Convention’ and the ‘European Convention on Human Rights’ to the individual circumstances of your claim. They will look to see if you have grounds to stay in the UK.
The judge will send both you (and your legal representative) and the Home Office a copy of the determination (the decision). The determination will confirm whether the judge believes that you meet any criteria for leave to remain. He or she will either allow your appeal or dismiss (refuse) your appeal. The determination will include the reasoning behind the judge’s decision.</p>

<h3>After the decision is made</h3>

<p>In certain circumstances both you and the Home Office will be able to appeal. If you are in the UK the deadline is 10 days. If you are in detention, the appeal deadline is 5 days. If you are outside of the UK, the deadline is 28 days. An application for permission to appeal will need to be made to the Asylum Immigration Tribunal’s Upper Tribunal. At this stage you or the Home Office will only be granted permission if there are grounds to prove that an error in law may have been made in your case.</p>

<p>In England, the Upper Tribunal (Immigration and Asylum Chamber) court deals with:</p>

<ul>
<li>• Appeals against decisions made by the First-tier Tribunal in matters of immigration, asylum and nationality</li>
<li>• Certain judicial reviews (immigration)</li>
</ul>

<p>In Scotland, your case may appear before the Court of Sessions.</p>

<p>In Northern Ireland this will be with the Queen’s Bench Division.</p>

<p>Your legal representative will be able to give you more information about these matters.</p>

<h3>What happens after my appeal?</h3>

<p>Receiving a positive decision - if you receive a positive determination and your case is allowed, and the Home Office does not appeal, then you should receive confirmation from the Home Office that you have been granted leave to remain in the UK (please see our section about <a href="https://ellis.custhelp.com/app/answers/list/c/641" target="_blank">receiving a positive decision</a>).</p>

<p>A further appeal - if you or the Home Office appeal the decision and permission to appeal is granted, the tribunal will arrange a reconsideration hearing. You will continue to be an asylum seeker while waiting for the tribunal to make another decision. This will either be allowed or dismissed once your case has been heard.</p>

<p>No further appeals - if, following the court determination, there are no grounds to appeal, or further permission is refused, then you will become ‘Appeal Rights Exhausted’ (ARE). This means that you stop being an asylum seeker because your
asylum claim has failed.</p>

<p>If you have no further appeals outstanding, the Home Office will expect you to leave the UK.</p>

</div>

Migrant Help Webchat

Name *

Subject *

Email Address *

NASS/AS Reference Number

Port Reference Number

Date of Birth

Post Code