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Appeal & Representation

Adjournments | ICS Legal

At ICS Legal we believe an adjournment should be sought where it is not clear that the new evidence or grounds will lead to a grant of leave but where it needs to be considered in more detail. An example of this would be seeking an adjournment to check whether a document is genuine where, even if the document was genuine it would not on its own be likely to lead to grant of leave; if it was false that may strengthen the refusal. 

In these circumstances you must explain to the Tribunal what the new issue or evidence is and request an adjournment to, for example, verify a document. If the adjournment is granted it may also be appropriate to seek costs where the new evidence or issue is raised late.

This approach is consistent with what the High Court said in Chichvarkin that an adjournment is "appropriate where the SSHD wishes to maintain the challenged decision and is seeking further material to support her case".

Where a request for an adjournment is refused the decision should not then be withdrawn.You must record the reasons for seeking an adjournment and the reasons why it was refused in the hearing minute. The Home Office will then consider whether to challenge the refusal of an adjournment or any allowed appeal on procedural grounds. 

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