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Covid-19 and the immigration tribunals: a guide for appellants without representation

Summary

Following the unprecedented changes being made to the procedures in immigration tribunals, 1MCB Chambers has prepared a guide to assist unrepresented appellants. 

By EIN
Date of Publication:
29 April 2020

In response to the procedural changes in the immigration tribunals, 1MCB Chambers have developed a practical guide for those on the frontline assisting appellants without representation and for unrepresented appellants themselves. The guide is for those with appeals in the First-Tier Tribunal (Immigration and Asylum Chamber) and was developed with input from the Jesuit Refugee Service UK.

The guide includes:

- A summary of the new changes in the First-Tier Tribunal;

- An example adjournment application; and

- A question and answer sheet covering the key issues that may affect unrepresented appellants, including: further reasons for requesting an adjournment in light of Covid-19, information on the potential Case Management Hearing, procedural and substantive issues that may arise when a judge is considering whether a decision can be made without a hearing and potential barriers to a fair hearing if their appeal is conducted remotely.

The resources in the guide can be used by organisations who come into contact with appellants without representation, or can be provided to unrepresented appellants. 

In the face of advice deserts and the limited provision of legal aid, the restrictions imposed by the lock-down are likely to exacerbate the obstacles unrepresented appellants have to overcome in accessing justice. In producing the guide, 1MCB Chambers wish to support unrepresented appellants, including those with particular vulnerabilities and disabilities, who are at risk of further disadvantage.

If any organisation or unrepresented appellant would like a copy of the guide, they can email Tim Markham, Senior Clerk at 1MCB Chambers.