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.
