Guide intended to help lawyers, parties, judges and all other users in the IAC to understand the process involved in appeals
A helpful new guide has been prepared by the First-tier Tribunal (Immigration and Asylum Chamber) to accompany the publication of the new Practice Direction of the Immigration and Asylum Chamber of the First-tier Tribunal on 1 November 2024.
The guide is intended to help lawyers, parties, judges and all other users in the IAC to understand the process involved in appeals.
You can access the guide here.
The guide features a video introduction by Judge Melanie Plimmer, President of the First-tier Tribunal (IAC), and a video by First-tier Tribunal Judge David Brannan explaining the key concepts and requirements in the new Practice Direction.
Judge Plimmer explains: "The new Practice Direction sets out our procedures and clear expectations at every stage of the appeal process. Importantly, this includes a more issues-focussed approach to the evidence as the appeal progresses and at the hearing, to enable the judge determining the appeal to do so in a manner that is fair and proportionate without having to navigate through unwieldy and / or irrelevant evidence."
She concludes: "We all work best when we work together and fully understand expectations. … Parties and their representatives will be expected to comply with the new Practice Direction from the beginning of the appeal process to the end. We look forward to working together by focussing on the issues that really matter, in the format and in the manner that are clearly set out in the new Practice Direction."
A transcript of Judge David Brannan's explainer is reproduced below (the direct link to the video on Vimeo is here):
The new Practice Direction aims to explain to all involved in the IAC the practices that have developed and should be followed since appeals moved onto the online system as part of the Reform programme. This includes all judges, all legal officers and all representatives.
In the case of TC in 2023, the Upper Tribunal explained the requirement on the part of both parties in the First-tier Tribunal to identify the issues in dispute and to focus on addressing the evidence and law relevant to those issues in a particularised yet concise manner. This ensures that there is an efficient and effective hearing, proportionate to the real issues in dispute.
In the same year, the Upper Tribunal decided Lata. In this case it was explained that the reformed appeal procedures are specifically designed to ensure that the parties identify the issues, and they are comprehensively addressed before the First-tier Tribunal. Proceedings before the Tribunal should not involve a rolling reconsideration by either party of its position.
Both cases referred to Practice Statement No. 1 of 2022. That Practice Statement set out the procedure that operates for online appeals. In summary, this involves:
First, the appellant filing an appeal
Second, the Home Office providing the documents related to the decision being appealed against
Third, the appellant explaining why that decision is wrong and providing supporting evidence
Fourth, the Home Office reviewing its decision in light of the appellant's evidence and argument
The new Practice Direction reinforces the need for procedural rigour and the need to identify and decide the principle controversial issues. It brings together the specific directions that were in Practice Statement No. 1 of 2022 and the old Practice Direction. It also explains how parties interact with the Tribunal through the online system.
The overall process and timelines for filing evidence and legal arguments are unchanged. They remain as set out in the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 (as amended)
The Practice Direction applies equally to appellants and the respondent Home Office. It explains the practices for both legal representatives and appellants who are unrepresented.
Underpinning the Practice Direction are a set of guiding principles.
To further the overriding objective we must adopt an issues based approach to our appeals. This requires the parties to identify, articulate, agree and then focus on the disputed issues. This helps the parties and the tribunal to address the aspects of the case that matter the most and gives the appellant the chance to obtain evidence relevant to the disputed issues.
The disputed issues represent the parameters of the appeal and operate as the foundation and structure of all judicial decisions.
The parties must ensure they conduct proceedings with procedural rigour. The Tribunal will not overlook breaches of the requirements of the new Practice Direction or of the Procedure Rules, Practice Statements and Tribunal Directions.
The IAC has seen an increased number of appellants in person. In order to enable appellants in person to provide their best evidence and to participate in proceedings in a way that is fair to them, the new Practice Direction makes clear that procedures will be modified to accommodate appellants who have no legal representation to ensure access to justice and fairness between the parties.
Appeals to the Tribunal filed by a legal representative must be started using the online procedure (accessed through MyHMCTS) unless it is not reasonably practicable to do so.
Unrepresented appellants are already able to file their appeals using the online system at https://www.gov.uk/immigration-asylum-tribunal/appeal-from-within-the-uk. That system provides guidance on when and how to explain the case and provide evidence. The new Practice Direction offers context to this to explain how the overall process works from beginning to end.
Tribunal users should be particularly conscious of the updated requirements in Part 3 of the Practice Direction. These set out:
• the required format and content of bundles
• the requirements for skeleton arguments and Home Office reviews
• the treatment of evidence filed after a review
• the format and attestations of witness statements (including an updated approach to witness statements of people who do not speak English)
• the use and attestations of expert evidence
• when evidence about circumstances in a country is required including the requirement of a 'country schedule' where appropriate
Part 4 deals with what parties should expect from the substantive hearing. In essence, parties should come prepared, ready to make progress with an intense focus on the disputed issues.
The Practice Direction sets out our procedures so that all parties know what to expect wherever they appear and it enables everyone to work together to focus on the issues that really matter.
A PDF of the Practice Direction is available at this link by scanning the QR code.