There have been substantial changes to appeal procedure and law in the last decade. Today Immigration Law is more challenging than ever; what is the secret to a successful appeal? The answer? Preparation, Preparation, Preparation.
The process starts with good appeal grounds which should refer to relevant law. All too often, I come across grounds that appear only to plead to the good graces of the Tribunal, this will not work. Judges are required to apply the law and no matter how sympathetic the Judge may be to your case, they are bound by legal doctrine. Apply the law to your facts. The grounds need not be long, but they must be relevant. Remember quantity does not mean quality.
For the hearing itself, start with a good statement. Remember that the Judge will not know your case and will be dealing with numerous cases on the day. A generic statement will at best be unhelpful. Always provide a chronology of dates as this will put into context the history of your case. This is particularly important when your case involves lengthy residence in the UK, where many events have taken place such as the birth of children.
Your bundle for the hearing should be indexed and paginated with the core documents such as statements taking prime position. If you are including foreign documents, these must be translated. Always bring the original documents with you but they do not need to be included in the bundle you send to the Tribunal. Do not forget to send a copy of your bundle to the Home Office’s Presenting Officer’s Unit. If you need an interpreter, you must inform the Tribunal as soon as you can, preferably when you lodge your appeal. It is good practice to call them a week before your hearing to check that they have arranged for an interpreter.
On the day of the hearing, your witnesses should bring their original IDs such as passports in case the Tribunal requires confirmation of their identity. Be prepared to wait as there is no allocated time other than that your hearing will be listed for the morning or afternoon session. Beware that if you are raising a “new matter” the Home Office is required to consent to the new matter’s consideration on the day. If they do not, then the matter will be adjourned or heard without the new matter. My experience is that the Home Office increasingly object to “new factors” even where they do not amount to new matters. Do not readily accept the Home Office’s contention that the new factor is a new matter – be prepared to argue against this.
A difficult and seemingly impossible case can be won. By the same token, a straightforward case can be lost because of lack of preparation. A very recent case I dealt with proves this. The case relates to a same sex couple both without leave to remain. The Tribunal Judge held that their removal will violate their Human Rights in that they will not be able purse their relationship. On the 28th of August 2018, both received their grant of leave. As I have said, preparation, preparation, preparation.