If you decide to sign-up with us or another lawyer, you will have to fill in the appeal form. We will tell you which form you need to fill in (it is usually provided with your refusal letter), and help you if you meet any difficulties, it is important that you send the form in before deadline. It is the lawyer’s job to ensure that the right form is filled-in accurately and that it is sent before the deadline.
There are two forms:
-IAFT 1 when you apply from inside the UK
-IAFT 2 when you apply from outside the UK
Then, your lawyer will determine the grounds of appeal which could come in support of your case. It’s a choice between detailed grounds or standards grounds. The method will depend on your hearing strategy determined with your lawyer. Usually for out- of -country cases, detailed grounds will be appropriate because of the review process stood before getting an answer from the tribunal. These grounds will be made clear in a document which is supplementary to the
appeal form which will be sent to the tribunal by fax.
Once the tribunal has received the fax, an answer should be given within one week and an appeal date might be given for approximately 6 to 7 weeks later for in country appeals. For out of country cases, as there is an ECM review, the hearing date can be set for 16 to 19 weeks later.
– Hearing preparation
Once you had an appeal hearing date set, the point is to prepare the case. This is the work of your lawyer but of course, you must be involved with him in your case. You must be aware that every case is different, and so your lawyer can’t use the same grounds as a previous case to defend yours (no ceteris paribus clauses).If such arguments are put forward suspicions should surrounding your case workers credibility.
During this preparation, 4 categories of documents must be bundled:
– Evidences: documents to prove your financial situation, your relationship, your residence. They aim is to argue a case against what the Home Office’s decision. Your lawyer at Westkin will tell you what to get (we have developed our check-lists to guide you)
– Skeleton argument: this is the list of arguments prepared by your lawyer. This can be prepared only once all documents have been collected.
–Case law: this document is also prepared by the lawyer, and joined in the bundle with the skeleton arguments. This put together the relevant decisions of higher courts explaining what the relevant law is in the case.
– UKBA policy. Sometimes we can simply show that the Home Office has not followed the UKBA policy and we can usefully expose the UKBA policy.
The bundle must contain these 4 documents; if not it means that something is missing or that there are not enough information provided.
Another document must be prepared: the statements. Your role here is primordial because the statements will detail your side of the story. This is definitely a collaborative work between you and your lawyer. This takes time.
We must be sure that it covers your entire story. Judges will expect to don’t repeat all the points during the hearing. Hearing will just be there to ask questions to expand the statement, not to replace it.
Your lawyer will help you in summarizing all the key facts. He will also help you to write the statement using accurate terms. He will check that every word is correct; consistency is key. At Westkin, we provide bullet points we send you in order for you to complete them.
In support of your statement, you will also need the experience of your lawyer for choosing witnesses which are relevant and trustworthy, for checking what they will say, who they are (no weak stories about them), that their story is coherent with yours…
–Hearing preparation session
Once all the documents are ready, we will see if you need an adjournment (postponement), for instance if you are waiting for a document. In all cases your Westkin lawyer and you will have a hearing preparation session, in order to get you ready for the hearing day.
They will explain to you what to expect on the day, what the procedure will be, what to call the judge, and what kind of question you will be asked. This will depend on the nature of your case.
5th Floor, Maddox House,
1 Maddox Street
0207 118 4546