what does the judge do after your hearing to make their decision
Newspaper Hearing
Yous do not take part in a paper hearing. You lot cannot answer any questions the Judge may have. No one from the Home Office or ASAP takes part either.
Why is information technology called a paper hearing? Considering the Approximate sits alone to read documents sent by you and the Home Office. These include:
- your Notice of Appeal form
- your Directions Discover respond and written evidence
- Dwelling Office entreatment documents
If ASAP represents your appeal, your ASAP advocate sends the Judge a document before the day of your appeal. The certificate will explain your situation and include legal points to help your case. Your ASAP abet works with you on this.
The Decision: There are 3 types of determination: (i) immune, (ii) remitted or (iii) dismissed. Meet 'Guess'southward Decision' for what each of these words mean.
When you get the Decision: If you have an ASAP advocate, they may send yous the Estimate's decision the same mean solar day your entreatment is decided. But in all cases, you lot should get the Judge's decision by post the adjacent day (excluding Saturday and Dominicus).
Next steps: Run across 'Next steps' for what to do, depending what the Guess decides in your case.
Oral hearing
You have part in an oral hearing. And so will your representative, if you have one. The Habitation Role may have a representative too. There will exist a Tribunal interpreter, if you asked for one.
Normally, an oral hearing can be:
- by phone
- past video
- face-to-face at the Tribunal in London
How does an oral hearing take place? An oral hearing follows the same society, whether past telephone, video or face-to-face. Come across 'What commonly happens at an oral hearing' to find out more than.
Important data almost different types of oral hearing: run across 'phone hearing', 'video hearing' and 'contiguous hearing' pages, depending what type of oral hearing you lot have.
Next steps: See 'Side by side steps' for what to do, depending what the Judge decides in your example.
Next steps
For all appeals: y'all must understand the Judge's Argument of Reasons (the written determination you go 3 days subsequently the hearing). It has of import information. If reading English is difficult for you, ask the Judge if the Tribunal tin can send you the Argument of Reasons translated in your linguistic communication. See below what to do if your appeal was allowed, dismissed or remitted.
If you were represented by ASAP: your ASAP abet gives or sends you an advice letter of the alphabet. This will explain what happened at the hearing. It will say what you lot demand to do next.
If an advice agency is helping you: tell them what happened at your appeal. If y'all have an ASAP advice letter, show it to them.
If no one is helping y'all: expect for an communication bureau near to you lot. Show them the Statement of Reasons. They can help you understand the Guess's decision and suggest what to do at present.
Next steps if your entreatment is 'allowed'
If you are however living in Home Office housing: Go dorsum to your Abode Office housing. If someone asks if you are allowed to stay there, show them the Conclusion Notice from the Judge.
If y'all have left, or never had, Home Office housing:
If yous have nowhere to sleep, inquire the Home Role for emergency/temporary housing. You ordinarily must go to the emergency housing on the aforementioned day equally your entreatment. This may mean you need to take all your clothes/personal items to your appeal.
If you have somewhere to stay, look at that place until the Abode Office gives you asylum support housing. This usually takes at least 2-3 weeks and can be longer.
Your aviary support housing may be in a unlike boondocks or city to where you are living. The Home Role does not usually hold to give asylum support housing in a particular area. Merely if you need to stay in the same area, speak to an advice agency near you. They may assist you ask the Habitation Office for housing in the same area.
Next steps if your appeal is 'dismissed'
I disagree with the Judge'due south determination. Can I appeal?
No. Yous cannot make an appeal against the Approximate'southward determination.
The just fashion to challenge the Judge'south decision is by Judicial Review. This means asking the High Court to say if the Judge got the police force wrong. Y'all demand a lawyer to help y'all with this. If you are represented by ASAP, your ASAP abet will say if you can enquire for Judicial Review. You can also ask an advice agency to assistance you contact a lawyer.
Near people who get their entreatment dismissed cannot claiming the decision by Judicial Review. Instead, they can apply for asylum support again, with new show.
When tin I utilize for asylum support again? To apply once more, you must evidence your state of affairs is different since the Approximate made their decision. Await at the Argument of Reasons and speak to an advice bureau to detect out what this means in your instance.
Source: https://www.asaproject.org/guides/what-happens-on-the-day-of-your-hearing
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