UTIAC In a case where there are obvious but not necessarily determinative difficulties in an appellant’s oral evidence the Tribunal is likely to be helped considerably by independent expert evidence that supports the appellant’s story.
If the respondent seeks to challenge such evidence then, ideally, the challenge should be supported by evidence put before the Tribunal.
If the appellant or expert chooses to give oral evidence then the respondent’s cross examination should fearlessly and clearly include the suggesting to the appellant or expert that, for example, an injury was not caused in the way alleged by the appellant but by a different mechanism.
If the respondent does not put its case clearly it may well be very difficult for the Tribunal to decide against an appellant who has not been given an opportunity to deal with the respondent’s concern.
If a party has no basis for challenging evidence so that a challenge to the evidence would appear to be abusive or foolish then that party must think very carefully before making the challenge. It will probably be fairer to abandon the point.
Citations:
[2010] UKUT 274 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 23 August 2022; Ref: scu.422373