HMCTS who's who: Immigration and Asylum Tribunal
An explanation of the people who may be present in an immigration and asylum tribunal hearing.
The appellant
The appellant is the person who disagrees with the decision made by the Home Office. An appellant can appeal decisions relating to:
- permission to stay in the UK
- deportation from the UK
- entry clearance into the UK
At the hearing the appellant normally gives their evidence first to help explain why they disagree with the decision. They may also be asked questions by the Home Office presenting officer and sometimes the judge.
The judge
The appeal will usually be heard by one judge. If you speak to the judge you should call them ‘judge’. The judge does not wear a wig or gown. The judge is independent of both parties. The judge will listen to the evidence from the all parties before making a decision. Usually the judge will need time to think about their decision. The appellant and the Home Office may not be told the outcome on the day.
The appellant’s representative
The appellant’s representative is the person who attends the hearing. They can advise the appellant and help them present their case. A representative might be legally qualified, a person from an advice centre or support organisation. Professional representatives need to be registered before they can appear in an immigration and asylum case. If the representative and the appellant are not in the same room, they should agree another way of communicating with each other, such as email, text or phone.
The Home Office presenting officer
The presenting officer represents the Home Office. They explain why the Home Office thinks its decision is correct. They’re likely to ask the appellant and any witnesses challenging questions about the case. Sometimes the presenting officer may be legally qualified.
The clerk and tribunal staff
The clerk (sometimes called ‘the usher’) will meet those attending the hearing. They’ll explain what happens during the hearing. The clerk will take those involved in the appeal to the hearing room and show them where to sit. They make sure everyone is ready for the judge and check any internet connection, video or audio links. They are also there to help deal with any problems during the hearing. The clerk will ask people to stand up when the judge enters and leaves the hearing room.
The interpreter
An interpreter will attend the hearing if the appellant has asked for one. They’ll interpret what is said during the hearing so everyone can understand each other. Interpreters are independent of both sides. The interpreter should not be asked to translate documents. These should be translated and submitted before the hearing.
The witness
The appellant or the Home Office may arrange for witnesses to attend the hearing. The judge will ask the witness to wait outside the hearing room until it’s time for them to give evidence. They may then stay in the room after they have finished if the judge agrees.
The press/media
The media can attend most tribunals by law. This includes those with reporting restrictions in place. A key part of open justice is the reporting of hearings by the media.
The public
Immigration and asylum hearings are normally held in public. This means that people may sit quietly and listen at the back of the room unless the judge decides that it should be held in private.
Types of hearing
Remote
Usually a video hearing, in which everyone will have their own area on the screen, although the position may not stay the same. Occasionally they are done by telephone.
Hybrid
Some people may appear remotely while others are in the tribunal building. The number of people attending remotely, and who they are, will vary.
Face to Face
In a tribunal building, although the layout of different rooms may vary.
Please note this is a representation only – the people in the room may be different. Not all courts look exactly alike.
Last updated 11 December 2020 + show all updates
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Added a section on the different types of hearing, including remote hearings. Also updated wording in other sections to reflect what happens in remote or hybrid hearings.
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First published.