Pro Bono Work for Immigration Detainees at Richmond Chambers

Preparing for the Bail Hearing: Case Review and Strategy Development

I typically receive the papers the day before the hearing if it is a bail hearing, or a few days before for a substantive hearing. The first thing I do is read the brief to counsel, which would draw my attention to any particularities of the case or specific requests from the instructing solicitors or the lay client. Then I review the Skeleton Argument and witness statement thoroughly, taking notes for my oral submissions alongside this. 

The next stage is reviewing the evidence and inserting the bundle page references for the most pertinent evidence. The oral submissions before a Judge are the client’s opportunity to go beyond what has been presented in their witness statement and written submissions: as such, ensuring that the Judge has sight of the evidence the client relies on to prove their case is a crucial job for any pro bono barrister. 

After this, I read through the Respondent’s review or Bail Summary, to ascertain the claims which the Home Office takes issue with. Sometimes these issues can be easily resolved by pointing to the evidence – such as a claim that the Appellant has not provided their ID when they clearly have – but other issues will have to be explored in oral submissions.

During this first review, I take note of any matters that are unclear and points of dispute which require further instructions. I then call my instructing solicitors to find out if these points have been discussed with the client, or if further evidence can be located to support the client’s claim which the Respondent disputes. Regular communication with instructing solicitors is essential – especially in the case of bail hearings, when the Bail Summary (released at 2 pm the day before the hearing) can bring some unexpected changes in the circumstances of the case. In my first pro bono case, the Bail Summary revealed a Stage 2 deportation notice which the client was unaware of! This required a sudden change in strategy, but the client was adamant that he wished to proceed: the bail application was ultimately successful and the client has now been returned to the community. 

My discussions with solicitors tend to be quite productive, but sometimes benefit from further discussion with the lay client directly. At this point, it is important to determine whether there are any potential barriers to communication – such as language barriers or vulnerabilities – which might inhibit effective communication, and whether an interpreter would be beneficial. In any case, I always make sure to call the client prior to the hearing to introduce myself, and answer questions they might have about the hearing.

2. The Day of the Hearing: Early Preparation and Client Interaction

Going to court usually involves an early wake-up call – I like to be there as soon as the Tribunal opens, to find a free consultation room and be able to talk with the client before the hearing. If they are in detention, I would inform the court staff that I would like to speak to my client before the hearing. Where the hearing is taking place remotely, via CVP link, I usually do these from Chambers and call the client by phone in the morning before the hearing.

During my discussions with the client, I clearly explain what is going to happen today in court. It is crucial to ensure that they are informed about the process, and to try to alleviate any fears or concerns they may have. Going to court is a scary and confusing process for anyone, and these nerves are only exacerbated by the vulnerabilities and language barriers which pro bono clients often have. This makes it all the more important for pro bono lawyers to be meticulous in their advice and sensitive to the individual client’s circumstances.

3. Navigating the Hearing Process: Pro Bono Advocacy in Action

The hearing starts with a bit of housekeeping – the Judge checks that everyone has the correct bundles, and that we are all in agreement about the issues in the case. They will then explain to the lay client what will happen in the hearing, and reassure them that they can ask for a break whenever they need it and ask for questions to be repeated if they do not understand anything. I would always ensure that I have explained this to my client in the pre-hearing conference, so they can ask me anything that they are unsure about. 

The hearing then proceeds with the client giving evidence. In bail application hearings, questions for the applicant will be limited, if there are any at all; but in substantive hearings, the oral evidence proceeds as follows. First, I ask them to confirm their statement in examination-in-chief, asking the Judge for permission to ask a few further questions if updates or clarifications are required. The Respondent will then conduct the cross-examination – I tend to advise clients that the questions from the Home Office may be upsetting or confusing at times, but they should try to stay calm and should always ask for clarification if they do not understand something, rather than risk answering the wrong question. I have the chance to ask questions to clarify any issues raised in re-examination.

Both parties then have the chance to make legal submissions, starting with the Home Office and concluding with us. This is the chance to present the client’s full case to the Judge, presenting their arguments in a structured and coherent way, and highlighting the relevant documentary evidence, oral evidence, and objective evidence to the Judge for their consideration. This is also the moment to rebut any arguments made by the Respondent, and emphasise to the Judge the flaws in this evidence.

If it is a bail application, the Judge will grant or refuse bail, with or without conditions, at the end of the hearing. If it is a substantive hearing, they will usually reserve their judgement, to give them an opportunity to review all of the evidence in the round and reach a reasoned decision.

4. Post-Hearing Reflection: Client Support and Case Outcomes

Following the hearing, it is vital to have a meeting with the client to answer any questions and address any concerns they may have. If a judgment had been given during the hearing, this can also be one of the most rewarding moments of pro bono casework. My first ever hearing concerned a young individual who had been left homeless at a young age, and ended up with the wrong crowd. When I succeeded in getting him a grant of bail, he was ecstatic and extremely thankful. This decision meant more than just freedom from detention: it was an opportunity to rebuild his life and create a future for himself that he would never have envisaged prior to his detention. For me as a barrister, this was a truly memorable experience: not only was I able to secure bail for a vulnerable client in what seemed like an unwinnable case, but I knew that this was giving him a second chance in life. It is a moment I will cherish throughout my career.

You can find out more about our pro bono work in our article Our Pro Bono Work: Breaking Barriers for Immigration Detainees, as well as our continuous support and work with Bail for Immigration Detainees (BID).

For expert advice and assistance in relation to your immigration matter, contact our immigration barristers in London on 0203 617 9173 or via the enquiry form below.