Immigration Tribunal Appeals - A Practical Guide (4)

• Published date: 20 July 2021
• Subject Matter: Litigation, Mediation & Arbitration, Immigration, Trials & Appeals & Compensation, General Immigration
• Law Firm: Richmond Chambers Immigration Barristers
• Author: Ms Alexandra Pease

We recently examined in parts one, two and three of this practical guide how and on what basis you might lodge an immigration appeal. We have examined both legal and practical considerations. In this fourth post we examine other practical considerations for the presentation of an immigration appeal.

The factors and considerations below cannot be considered an exhaustive list. The approach to an appeal will depend on the individual facts and circumstances. There are practical considerations. You may need to seek specialist legal advice as the presentation of an immigration appeal will be different depending on the issues and available evidence.

Active Case Management in Immigration Appeals

There is likely to be active case management of your case, particularly with the new MyHMCTS system we reviewed in our earlier post. Active case management can lead to the making of direction to the parties, the conduct of pre-hearing reviews, or the listing of case management review hearings, which can take place in person, by video conferencing or telephone.

The purpose of active case management is to give effect to the overriding objective to deal with cases fairly and justly, which the parties must help the Immigration Tribunal to further.

It is wise to make use of the Immigration Tribunal's active case management of appeal, to ensure that there are no unnecessary adjournment applications. If for example, you are likely to rely on and have instructed an expert, you will want to ensure the Immigration Tribunal is aware, as this will impact on any listing of an appeal.

Failure to comply could have implications in terms of costs.

It is of vital importance that the Immigration Tribunal are fully updated as to any change in contact details as notices or directions can be served in a variety of ways and will rely on the latest details on the file.

Anonymity in Immigration Appeals

At the time of lodging an immigration appeal consideration may need to be given to an application for an anonymity order. An application can be made at the time of lodging the immigration appeal and anytime thereafter. Asylum appeals are usually automatically anonymised. The Presidential Guidance Note No 2 of 2011: Anonymity Directions in the FtT(IAC) offers guidance on this matter.

It is important to consider particularly where there is particularly sensitive information relating to a person that could become apparent during the appeal process.

Special Measures in Immigration Appeals

In...