5. ATTEND APPEAL HEARING

The hearing is private and only the following people will be there:

1. Adjudicator(s) (there may be up to three Adjudicators hearing and deciding your appeal)
2. Interpreter (if you have requested one)
3. A clerk/staff member of the Appeal Board
4. A representative from the Immigration Department and their legal representative (if their attendance is required by the Appeal Board)
5. Your lawyer (if you are represented)
6. Your immediate family members and Witnesses (if any)

If you want someone else to be there, you must ask the Appeal Board in writing before the hearing. Unless the Appeal Board grants permission, no one else can attend your hearing.

The length of the hearing will depend on your case and the Adjudicator. The hearing can be as short as one hour (or less) or continue for one day (or more).

The format of the hearing will depend on your case and the Adjudicator.

If you do not have a lawyer, the Adjudicator (and the Immigration Department representative, if present) will ask you questions about your case.

If you have a lawyer, the following will normally happen:
1. You give evidence and/or are questioned by your lawyer.
2. You are questioned by the legal representative for the Immigration Department and the Adjudicator
3. You are questioned by your lawyer again
4. The lawyers make closing speeches

Be respectful and courteous to the Adjudicator and Immigration Department representative. Call the Adjudicator 'Sir' or 'Madam'.

The hearing is a chance to explain why it is not safe for you to return to your home country. Tell the Adjudicator what you are afraid of and describe why you think it will happen to you.

When answering questions:
ㅤ- It is important to be truthful.
ㅤ- If you do not know the answer to a question, simply state that you do not know or do not remember.
ㅤ- Explain things in detail and provide background information. Do not assume that the Adjudicator knows about your country or culture.
ㅤ- If you do not understand a question, ask for it to be repeated or rephrased.
ㅤ- Take your time to think before answering any questions and speak slowly and carefully. There is no rush to answer.
ㅤ- When you answer too quickly, you might misunderstand the question and/or make mistakes.

Ask for breaks if needed. For example, you might ask for a break if:
ㅤ- You are losing concentration.
ㅤ- You are becoming emotional because of the questioning.
ㅤ- You need to use the restroom.
ㅤ- You are feeling either physical or emotional discomfort.

The hearing will be audio recorded. You should speak clearly. If there are any problems during the hearing, you must inform the Adjudicator politely and clearly, and as soon as possible. For example, you should speak up if:
ㅤ- You cannot understand the interpreter, or you think that the interpreter is not translating properly (or fully).
ㅤ- You are not being allowed to answer questions or respond fully.
ㅤ- You feel uncomfortable or intimidated by the way the Adjudicator or the Immigration Department representative is talking to you or behaving.

If you have a child or children, think about whether they should speak to the Adjudicator. It might be important for your child's voice to be heard and the information they have can be very compelling. However, it might be difficult for your child to give evidence - it might affect them emotionally and mentally. Ask your child whether they want to give evidence. Consider what is best for your child.

Write to the Appeal Board before the hearing:
- If your child is going to give evidence, ask the Appeal Board to take steps to make it easier for your child to speak at the hearing. For example, ask for:
ㅤ- A list of questions to be given in advance.
ㅤ- Permission for your child to visit the hearing room beforehand.
ㅤ- Someone to go to support your child (e.g. a friend, counsellor or teacher).
ㅤ- Breaks during their evidence. ㅤ- Minimal waiting time.
- If your child is not going to give evidence, explain why you do not think they should speak at the hearing (e.g. it will be traumatising for them).

It is very important that you go to your hearing. If you do not go to your hearing, the Appeal Board may make a decision without arranging another hearing.

If you cannot go to the hearing, tell the Appeal Board as soon as possible and ask for the hearing to be adjourned (moved) to a later date. Write a letter to the Appeal Board and include evidence to prove why you cannot attend. For example, if you are sick, get a medical certificate from a doctor or hospital. The letter should confirm that you are sick or that sick leave is recommended for a period covering the day of your hearing. Without a medical certificate, the Appeal Board may decide not to reschedule your hearing.

If your hearing has passed and you did not go, you should write to the Appeal Board as soon as possible to explain why you did not attend the hearing and provide evidence. For example, if you were sick on the day of your hearing, you should explain that you were sick and provide a medical certificate.

If a tropical Cyclone Signal No. 8 or above or Black Rainstorm Warning Signal is issued and is lowered or cancelled:

ㅤ- At or before 8:00am, the hearing will continue as scheduled.
ㅤ- At or before 12:30pm:
ㅤㅤ- Morning hearing: the hearing will be adjourned and rescheduled.
ㅤㅤ- Afternoon hearing: the hearing will continue as scheduled.
ㅤㅤ- Whole day hearing: the hearing will be postponed to start at 2:30pm.
ㅤ- After 12:30pm: the hearing will be adjourned and rescheduled.

You can check the weather warnings in place on the Hong Kong Observatory website.