Alubankudi (Appearance of Bias): UTIAC 23 Sep 2015

Need for Judicial Self-Awareness

(i) One of the important elements of apparent bias is that the hypothetical fair minded observer is properly informed and possessed of all material facts.
(ii) The interface between the judiciary and society is of greater importance nowadays than it has ever been. Judges must have their antennae tuned to the immediate and wider audiences, alert to the sensitivities and perceptions of others, particularly in a multi-cultural society. Statements such as that made by the FtT Judge in this case that ‘the United Kingdom is not a retirement home for the rest of the world’ had the potential to cause offence and should be avoided.

McCloskey P J, Canavan UTJ
[2015] UKUT 542 (IAC)
Bailii
England and Wales

Immigration, Natural Justice

Leading Case

Updated: 09 November 2021; Ref: scu.553214