AM (Fair Hearing): UTIAC 10 Nov 2015

UTIAC (i) Independent judicial research is inappropriate. It is not for the judge to assemble evidence. Rather, it is the duty of the judge to decide each case on the basis of the evidence presented by the parties, duly infused, where appropriate, by the doctrine of judicial notice.
(ii) If a judge is cognisant of something conceivably material which does not form part of either party’s case, this must be brought to the attention of the parties at the earliest possible stage, which duty could in principle extend beyond the hearing date.
(iii) Judges are entitled to form provisional views in advance of a hearing provided that an open mind is conscientiously maintained.
iiv) Footnotes to decisions of the Secretary of State are an integral part of the decision and, hence, may legitimately be considered and accessed by Tribunals.
(v) Fairness may require a Tribunal to canvas an issue which has not been ventilated by the parties or their representatives, in fulfilment of each party’s right to a fair hearing.

McCloskey P J, Canavan UTJ
[2015] UKUT 656 (IAC)
Bailii
England and Wales

Immigration, Natural Justice

Updated: 11 November 2021; Ref: scu.565371