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Justice must not only be done but must manifestly be seen to be done


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Astonishing conduct by a judge:

In summary, the Judge (a) engaged in a private conversation with the Appellant’s representative (b) in the absence of the other party’s representative (c) in the precincts of the court room (d) partly out of sight and earshot of the Appellant and his spouse (e) in a setting other than that of bench/bar (f) before the Appellant’s hearing began (g) relating to the Appellant’s case and, finally, (h) the contents whereof, other than a question about the Appellant’s religious adherence, itself an improper enquiry made in this fashion, were not divulged to the Appellant.

Appeal allowed, remitted to a differently constituted tribunal. The headnote reads simply:

Justice must not only be done but must manifestly be seen to be done.

Source: Elayi (fair hearing – appearance) [2016] UKUT 00508 (IAC)

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Colin Yeo

Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder of the Free Movement immigration law website.


One Response

  1. The UT should have also added the finding at paragraph 8 to the headnote:

    “The crucial elements of a due, orderly and impartial judicial process were all lacking”.

    Shocking conduct