Section 4: Hearing Type

Important:

Choosing what type of hearing you want is an important decision.

Think about which hearing gives you the best chance of winning your appeal.

See below and What happens on the day of your hearing to help you decide which type of hearing you want.

Types of appeal hearing

This section of the form is about choosing a paper hearing or oral hearing for your appeal.

With a Hearing – the Judge decides your appeal by reading your documents and listening to what you, your representative (if you have one) and the Home Office representative say about your case. This is called an oral hearing. There are 3 types of oral hearing: (i) phone (ii) video and (iii) face-to-face in London.
- You can ask for a phone or video hearing if you are in detention, or have other problems that would make it difficult for you to the Tribunal. If you are heavily pregnant or have young children you would need to bring to the Tribunal you can ask for phone or video hearing.
- If you live in Belfast or you live in Scotland and your lawyer is representing you at your appeal, you can ask for a phone or video hearing.
Without a hearing – the Judge decides your appeal by reading documents you, your representative (if you have one) and the Home Office send to the Tribunal. The Tribunal writes to you to say what the Judge has decided. This is called a paper hearing.

Getting an oral hearing

It is usually better to have an oral hearing. Some reasons why an oral hearing is usually better for you are in the box. You may have other reasons too.

Why an oral hearing is usually better for you

If your situation is complicated it may be difficult to explain in writing. Or, you may be unable to send the Tribunal all the documents it asks for.
At an oral hearing, you can explain everything to the Judge. And if the Judge has questions, you can do your best to answer them.

Write why you want your appeal to be decided with a hearing in at Section 5 of your appeal form. Tell the Tribunal:

you are able to take part in an oral hearing (for example, that you have a phone).
explain why, in your situation, it is unfair ('not in the interests of justice') if the Tribunal do not give you an oral hearing.

Important: Ticking that you want your appeal to be decided with a hearing in Section 4 of the form does not mean you definitely get one.

The Tribunal may still decide to give you a paper hearing, if it thinks you do not need an oral hearing. The Directions Notice will tell you this. But, if this happens, you can ask the Tribunal again for an oral hearing. See tip 1 of Preparing for your appeal.

'Will you need an interpreter at the hearing'

Unless you speak and understand English very well, tick 'yes' for this question. Remember to write your chosen language and dialect. It is very important to understand what the Judge (or anyone else in a hearing) says. It is also very important that you can explain your situation to the Judge.

The interpreter is free of charge and independant (completely separate) from the Tribunal.

‘Will you need any accessibility support at the hearing, including wheelchair access or a hearing loop? Tell us what support you need and why you need it'

This question is about extra help you might need from the Tribunal because of your disability. Tell the Tribunal if there is something it could do to help you take part in the hearing. For example, if you are deaf, ask the Tribunal to provide a sign language interpreter.

‘If you cannot come to London, you must tell the tribunal why you cannot attend’

This question is about whether you can travel to the Tribunal in London. If you have a disability this could make travelling to London very difficult.

Being pregnant or not having childcare may also make travelling to London difficult. If you bring your children to the Tribunal, they will either have to sit in the waiting room or be with you in the hearing. If you are not happy with these options, let the Tribunal know on this form.

If you do not feel you can travel to London, and you have requested a telephone or video hearing you must explain why here.