Guides:

Section 4: Type of hearing and language

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.

section 4 of NoA

Types of appeal hearing

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

Paper 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.

Oral 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. There are 3 types of oral hearing: (i) phone (ii) video and (iii) face-to-face in London.

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 an oral hearing in Section 6 of your appeal form. Tell the Tribunal:

Important: Ticking 'yes' for an oral 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.

Interpreter

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.

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