“I am yet to take instructions on the point, Sir”
This should hopefully never be heard uttered again in the Tribunal by Home Office Presenting Officers upon a Judge making enquiry about relevant changes in the law or current Home Office policy. I say this following the Court of Appeal’s judgement in Koori & Ors v The Secretary of State for the Home Department [2016] EWCA Civ 552. The Court’s view in effect was that although both Appellants and the Secretary of State should attend appeal hearings fully prepared in terms of the law, however, in particular where matters of statutory changes are concerned, the greater responsibility lies upon the Home Office Presenting Officers. This surely is correct and it is surprising that it has taken so long for this to be stated in a judgement.