Case No. UKUT-00293-(IAC)

[2014] UKUT 568 (IAC) has been heeded, with the result that Mr Lingajothy has undergone the requisite conversion from advocate to witness and has been substituted by replacement counsel. 8. Former counsel’s witness statement includes the following passages: “3. … at the beginning of the Appeal, … the Judge spoke to me in the following tone. He informed me firstly that Appellant’s history clearly shows that he is not a credible witness. When I interjected and told him that the Appellant may be able to explain the adverse points in his immigration history, to the satisfaction of the Court, the Judge then quite assertively repeated the alleged inconsistencies referred in the Respondents’ refusal letter, to further justify his argument, and I use the word argument, as the Judge appeared to be in no mood to listen to me but seemed to have firmly made up his mind; that this case was a non-starter. He was also at the time, joined in by the HOPO and they both appeared to be singing from the same hymn sheet, metaphorically speaking. 4. When I clearly felt that the Judges’ hostile attitude to even hear the case, compromised the principles of natural justice, namely audi ulteram partrem, I decided to inform the Judge that his attitude to not even hear the case and to persuade me that there was no case for the Appellant to answer, that this would tantamount to a compromise of the above legal principle. 5. I also informed the Judge of the Appellant’s right to be heard, although it is not mentioned in the body of the determination, [the Judge] then retorted the following: “Don’t lecture to me the principles of natural justice.” 6. I then informed him that it is he who started to pre-empt the Appellant’s credibility issue, without even hearing a sentence from the Appellant or even considering what was said in the Appellant’s Witness statement. [The judge] then decided to hear the appeal.” 9. Next there is a witness statement of the Appellant, which contains the following: “1. … As far as I recall the immigration judge was hostile from the outset. The hearing commenced with sullen comments from the judge. He mentioned, ‘It is pointless having a hearing and not to take much time’. 2. Sadly, even my children were at the Tribunal attending the hearing with me. Even they were dreaded at the judge’s attitude towards the hearing even before it could begin. The judge kept emphasising that it’s pointless having a hearing as my immigration history is very bad. He also advised my representative not to dwell on to all facts of the case but simply to make representations on the material facts. … 5. Simply saying, the Judge did not keep an open mind as a Judge should have. The judge had a pre-conceived mentality to my case. After acting as the Judge, Jury and the executor on the hearing, a negative credibility was found. 6. Even before I had given evidence, the judge allowed the HO presenting officer to attack the medical report as though I was not a credible witness. As such the report was not given any weight.” 10. At this juncture I turn to the written response of the FtT Judge to an invitation by the Principal Resident Judge of the Upper Tribunal to comment on the grounds. I preface my consideration of this with the observation that, once again, good practice has been observed. The materials criticising the judge’s conduct of the appeal were forwarded to him and he responded in writing. This Tribunal, in turn, provided the judge’s response to the parties’ representatives. These simple measures served to ensure transparency and fairness to both parties and reflects the decision of the Court of Appeal in