Immigration Judge’s Unfair Conduct: Why has the Upper Tribunal withheld the detail of that conduct in Elayi?


Appellants who appear before Immigration Judges are human beings: their humanness does not cease the minute they  enter the Tribunal  venue building so as to be picked up again upon leaving the  venue.

Appellants need to be treated with dignity, fairness  and respect: at all times during proceedings  and  by ALL persons present.

An Immigration Judge can be stated to have a considerable degree of   power over an Appellant’s  life. This is  because  some  of the appeals they consider involve life and limb, in particular claims from Appellants seeking protection as well as claims  which involve issues of  family life separation  matters  where young children are involved.  With that knowledge and having at their grip the power to allow or dismiss an appeal,  it  surely  does not  take much  for an Immigration Judge to ensure  that during proceedings  a measure of  fairness is accorded to an Appellant at all times.

Although the fresh decision in Elayi (fair hearing – appearance) [2016] UKUT 508 (IAC) is very much welcome in seeking to  reiterate the obvious, “Justice must not only be done but must manifestly be seen to be done”, there are issues as set  out below regarding the  deficiencies  within that judgment.

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Tip of the Day: Appeal Fees And Appeal Reinstatement in the Immigration Tribunal


Some Appellants might find  themselves having lodged an appeal  in the  Immigration Tribunal but without having  provided the relevant  appeal fee  for various reasons – the most obvious simply being  lack of resources.

Upon receipt of such an appeal, the Tribunal will send a , “Requirement to pay a Fee” Notice and  will require receipt  of such payment  within a set time period.  Failure to  provide the required fee(s)  will  result in the Tribunal taking no further action on the appeal.

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