Hello everyone,
First, congratulations to all those who have been granted, won their appeals and received their BRP. Enjoy your Visa Stress Free Life.
Secondly, a brief overview of what happens in court.
No Lawyer (First Tier)
This is actually my own personal situation because I could not afford a lawyer.
The the clerk informed me that they would only question me and not my children because they were all minors (the three of them went for the hearing with me). The eldest was 17.
1. I actually questioned this decision on the day and the court clerk informed me that normally they would not question minors, however if I insist they would do this. She further explained that the situation may be too stressful for the children and sometimes children end up saying things that are contrary to the parents. (MY OPINION- I DO NOT THINK THE PRESENCE OF THE CHILDREN IN THE COURT ROOM MAKE ANY POSITIVE IMPACT - A friend who went with all hers and thought that the way the children behave in court has positively influenced the judge- the appeal was refused. Another friend her son above 18 said something contrary to what she said) although while looking for advices before the date I was told to take all the children. I took my children but they did not go into the court room. The judge acknowledged there presence.
2. When I entered the court room, I was told to sit in a chair opposite the Presiding Judge the HO solicitor was to my left (diagonal) and the court clerk was sat (diagonal)in front of the Judge. No more than this people
3. I had a ll the copies of the documents in front of me (I actually had a big folder which I opened in front of me and flicked through when responding my statement was also in front of me) so to answer the question whether you are allowed to read you statement, YES you are allowed, because the judge will ask you if there is anything you want to say,why you think you should be granted. I had my my statements so that I do not forget things that I wanted to say.
4. If you are someone who gets tongue tied or anxious, the best option is to read your statement.so that you do not leave /forget important things you what tp tell the jugde or call his/her attention to.
5. You are the one in this situation, therefore you are the best one to speak for yourself.
6. Most of my cross examination was carried out by the judge because the HO sol kept on saying he had no questions for me until the very end.
7. Prepare reasonable answers for questions that can be raised .Fr instance, the judge asked why I do not want to return to my country- I responded that I would have loved to but I have left there a while back although I grew up there and spent a long time there, but most of my friends have equally migrated here and others to other countries(note I provided letters from friends) I then concluded my answer by stating that my children has been here for the length of time, although the first two were not born here the youngest one knows no other home. I emphasized that when he went on holiday to my home country wanted to come back his request was I want to go back Home he did not say England. I then told the judge that although I am the applicant but the right for that leave should be considered based on my children because it is no longer about me but about them.
8. I also know that they do say do not send new evidence, please if you discovered something new that will support your case them prepare it and send it with a note explaining why you did not send it earlier. Even if it only on you cour day prepare several copies to hand to both the HO sol. and the judge.
9If you are using any evidence please make sure you can back it up. do not contradict yourself.
10. The judge will ask you questions based on what you have provided although this may lead on to other questions. e.g. The only question the HO sol asked me was why would I not take my kids back to study in my country, I answered that yes I would love to but the quality was far below what they have enjoyed here though the systems are similar. Based on my answer the judge said, Why can you not teach them yourself? you are a qualified teacher. I responded that I would love to do that, but I have no landed property, no savings and it would be very very hard to get a job, and this may cause irreparable damages to my children's ....
11. suggestions
- It is a daunting situation especially before you attend however the environment itself is not too daunting
- Prepare by being as relaxed and calm as possible
- Remember the Judge is a HUMAN BEING like you, he / she just happen to be the one favoured with that position
- Keep your mind at ease by knowing that it is either a yes /no although we hope it is a yes but remember the prepare for both.
- If you are scared in the court smile at the court clerk for reassurance.
12. PRAY.
IF YOU HAVE A LAWYER, he would do most of the questioning however you will still be given the opportunity to make a statement. MY OPINION -it is not the lawyer that is in the situation it is you so if he tells you there is no need to say you statement in the court ask him/ her if there is a law against it, if not let the judge here from you.
I apologise if this is all over the place I just need to put in a few words
for those worried about the court issues.
I hope this helps and not stress.
.....BUT as joint heirs of the Son, only goodness and mercy will follow us all!! Amen.
