Alubankudi
[2015] UKUT 542 (IAC). As that decision makes clear, appearances are of elevated importance in matters of this kind. The prism to be applied is that of the hypothetical observer, formerly known as the officious bystander. We refer particularly to [14]:“The interface between the judiciary and society is of greater importance nowadays than it has ever been. In both the conduct of hearings and the compilation of judgments, Judges must have their antennae tuned to the immediate and wider audiences. Judges must be alert to the sensitivities and perceptions of others. The interaction of most litigants with the judicial system is a transient one and it is of seminal importance that the fairness, impartiality and detached objectivity of the judicial office holder are manifest from beginning to end.”8.We conclude without hesitation that the undisputed conduct of the Judge offends against the principles rehearsed in Alubankudi. It was manifestly not redeemed by the religious adherence issue raised by the Judge during the hearing. The appearance of fairness principle was very clearly contravened. The hypothetical observer would, in our judgement, be gravely disturbed by the events under scrutiny. The crucial elements of a due, orderly and impartial judicial process were all lacking.9.There is no scope in the present case for the view an unfair hearing having been found to have taken place this error of law may be immaterial, as other judgements of this Tribunal make clear. See in particular