Case No. UKUT-00293-(IAC)

unlawful. I do not exclude the possibility that in certain circumstances it may be appropriate for a judge to refuse evidence to be adduced from a particular person. The ethos of tribunal litigation clearly recognises the validity of transparent and productive communication between the presiding judge and a party or his representative concerning the presentation of any given appeal, the calling of witnesses, the relevance and/or likely potency of certain proposed evidence and kindred issues. Furthermore, the presiding judge is the guardian against misuse of the tribunal’s process. None of this is unfair or improper. All of it forms part of the legitimate judicial function and is harmonious with the overriding objective. 25. However in the circumstances of this appeal the persons concerned were parties, they were the third and fourth Appellants. It was proposed to adduce evidence from them bearing on the issues concerning Article 8 of the Human Rights Convention and those issues in turn feed into section 55 of the Borders, Citizenship and Immigration Act 2009. On this freestanding separate basis I conclude that the refusal to permit the adoption of evidence from these two Appellants fully documented in paragraph 15 of the Tribunal’s decision denied the Appellants their right to a fair hearing. 26. In conclusion it seems timely to remind both judges and practitioners of what this Tribunal stated in [14] of Alubankudi : “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. As the decision in AAN demonstrates, Judges must be alert to the sensitivities and perceptions of others, particularly in a multi-cultural society.” In the real world of the United Kingdom in the year 2017 acute judicial alertness to what is stated above will enhance fairness, promote justice and, ultimately, further and fortify the rule of law.