PSO 4630 - Inside Time

PSO 4630 Page 32If the subject indicates that he/she does not wish to appeal or wishes to withdraw an outstandingappeal or application to stay in the United Kingdom, please notify the Border and ImmigrationAgency at once. If a disclaimer form is not provided with the notice, the caseworker will arrange forone to be faxed to the custody office for signature by the subject.If the subject is in immigration detention and serves the appeal form on the custody office, theperson receiving it must endorse it with the date on which he or she received it, and forward it tothe AIT at Asylum and Immigration Tribunal, PO Box 7866, Loughborough, LE11 2XZ or by fax to01509 221699 within two days. This is in order to comply with the AIT‟s Procedure Rules.It should not be sent to BIA.After the appeal form has been completed, it is sent to the Asylum and Immigration Tribunal (CourtService) in preparation for a hearing before an Immigration Judge or Tribunal Panel. The Asylumand Immigration Tribunal then lists the appeal for a hearing. This may take several months. Thehearing is a fairly formal affair in court, in front of an Immigration Judge or Tribunal Panel.The appellant and legal representative may attend, together with any other witnesses the appellantmay wish to call. The appellant and witnesses may give evidence by answering questions from thelegal representative, and if they do they will probably be cross-examined by a Home Officepresenting officer from BIA. The representative and presenting officer then make submissions tothe Immigration Judge or Panel.The Tribunal normally send out a formal document (the determination) within 2 weeks. This setsout whether the appeal is allowed or dismissed, and the reasons for this decision. Once thedetermination has been promulgated the losing party may apply for a reconsideration of theImmigration Judge‟s / Panel‟s decision. This must be done within 1 week of the determinationbeing promulgated. If this application is unsuccessful the only form of redress would be to a highercourt.Issue No 287 Issue date 11/01/08