UI2022002674 [2023] UKAITUR UI2022002674 (24 August 2023)

UI2022002674 [2023] UKAITUR UI2022002674 (24 August 2023)

The First-tier Tribunal judge's extensive and detailed questioning of the appellant amounted to excessive judicial intervention, giving the appearance of a second cross-examination and rendering the hearing unfair. This procedural unfairness required the decision to be set aside and the case remitted for a fresh hearing.

Citation
[2023] UKAITUR UI2022002674
Parties
Appellant: S A; Respondent: S S H D
Jurisdiction
United Kingdom
Judgment Date
24 August 2023
Procedural Posture
Immigration Appeal / Upper Tribunal Appeal From First Tier Tribunal
Outcome
appeal allowed
Legal Topics
Judicial Intervention, Credibility Assessment, Medical Evidence in Asylum Claims, Internal Relocation, Fair Hearing
Immigration Law Asylum Law Judicial Intervention Credibility Assessment Medical Evidence in Asylum Claims Internal Relocation Fair Hearing

Case Brief

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Parties

S A

Appellant

S S H D

Respondent

Procedural Posture

Immigration Appeal / Upper Tribunal Appeal From First Tier Tribunal

Legal Issues

  1. 1 Whether the First-tier Tribunal judge's conduct amounted to unfairness due to excessive judicial intervention
  2. 2 Whether the credibility assessment of the appellant's account was legally adequate
  3. 3 Whether the medical evidence was properly considered

Ratio Decidendi

The First-tier Tribunal judge's extensive and detailed questioning of the appellant amounted to excessive judicial intervention, giving the appearance of a second cross-examination and rendering the hearing unfair. This procedural unfairness required the decision to be set aside and the case remitted for a fresh hearing.

Court Disposition

appeal allowed

Orders

  • First-tier Tribunal decision set aside except as a record of the hearing
  • Case remitted for a fresh hearing before a differently constituted tribunal