(1) Where the face of a party or witness is substantially covered by a veil or other form of attire, it is incumbent on the Tribunal to strike the balance between the rights of the person concerned, the administration of justice and the principle of open justice. The Tribunal will consider options which should, simultaneously, facilitate its task of assessing the strength and quality of the evidence, while respecting as fully as possible the rights and religious beliefs of the person concerned.
(2) Such measures may include the following:
(a) A sensitive enquiry about whether the cover can be removed, in whole or in part.
(b) Where appropriate, a short adjournment to enable the person concerned to reflect and, perhaps, seek guidance or advice.
(c) The adoption of limited screening of the person and/or minimising the courtroom audience.
This is not designed to operate as an exhaustive list.
(3) In cases where a Tribunal considers that the maintenance of the cover might impair its ability to properly assess the person’s evidence and, therefore, could have adverse consequences for the appellant, the Tribunal must ventilate this concern.
(4) Issues of religious attire and symbols must be handled by tribunals with tact and sensitivity.
McCloskey P, Ockleton VP, Grubb UTJ
[2014] UKUT 102 (IAC)
Bailii
England and Wales
Immigration
Updated: 01 November 2021; Ref: scu.523487