UTIAC 1. The parties to an appeal are entitled to expect the Judge both to be alert during the hearing and to appear to be so. Consequently, if a Judge actually falls asleep or gives the appearance of not giving the appeal his full attention, there may be grounds for setting aside the determination on the basis that there has not been a fair hearing.
2. It is preferable for any concern about the behaviour or inattention of the Judge to be raised at the hearing.
3. When such a ground of appeal is raised, it is only likely to succeed if there is cogent evidence of the actual or apparent behaviour in question.
Judges:
Nicol J, Perkins SIJ
Citations:
[2010] UKUT 261 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration, Natural Justice
Updated: 22 August 2022; Ref: scu.421565
