Appealing an asylum decision to a higher court is an ordeal. The initial stage is often the most stressful as all the legal jargon and procedures start to sink in. After that, there are the hearings, which can be extremely tedious and take several months before a final decision is delivered. This will mean a lot of time spent on your own during the appeal process, and if you’re not prepared for the challenge, then you may not survive this long.
As the appeals process gets underway, your lawyer will have to deal with the various appeals officers and officials responsible for handling asylum claims. It’s normal for these appeals officers to be extremely angry and frustrated by the delays and decisions being handed down in their area, but it’s also perfectly natural to be concerned about what the outcome will be. Your lawyer must be able to effectively convey his or her client’s needs and concerns to these officials and ensure they are adequately represented throughout the process.
The initial appeal stage is normally the first step in the legal process, although there are cases where it is possible to appeal a deportation decision within the asylum procedure. If this is the case then the person making the application may decide to do so as soon as the decision has been made. But if they want to continue appealing, then they will need to submit any evidence they have gathered over time until the appeal hearing has been finally heard. The more time and effort they put into their case, the better chance they have of success, but there is also a risk that it could cost them their application.
It’s important for any applicant to understand the process they are going through. You will be asked to provide many documents in support of your case including your application form, details of the grounds on which you fear persecution, supporting letters from other people at the same time, etc. You’ll need to provide this evidence on a date set by the lawyers. There may be additional hearings scheduled on top of this initial court date, but at least the hearing is guaranteed to be conducted in open court and you will have the chance to present all of your evidence.
Your initial hearing can go on for several days or longer if you have requested a hearing date to make it easier for you. This means you will need to be fully prepared for any hearings and give your solicitor everything you need in order to win the case, which should include evidence and statements in your favor and against your opponent.
In most cases, your Refugee application will be denied unless the appeal decision was made by a higher court. This is where you have the opportunity to try again but the second time you are required to wait until a higher court has received the case and has had time to review it and make its ruling. If you cannot appeal the decision at this point, then you will have no choice but to accept it and you may lose your appeal.
The initial appeal will still need to go to the appeals court and then there is likely to be a further hearing before a judge or a higher court before the appeal decision is delivered. The next stage is where you will have to get a hearing date set by the appeals court, and you may even be ordered to appear before them to make further submissions.
Finally, the final appeal process is where the final decision will be delivered by the court and you will need to decide whether or not you accept the judge’s decision and have your asylum application accepted. If you do, then you will be allowed to stay in the country and your application will be accepted and you can then be placed under protection. However, you may need to leave the country immediately if your application has been denied. However, you can be arrested and imprisoned for up to three years while your appeal is being considered so you are unlikely to get a good deal from the lower courts.
