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United Kingdom Asylum and Immigration Tribunal |
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You are here: BAILII >> Databases >> United Kingdom Asylum and Immigration Tribunal >> AW (Duties of Immigration Judge) Pakistan [2008] UKAIT 00072 (06 August 2008) URL: http://www.bailii.org/uk/cases/UKIAT/2008/00072.html Cite as: [2008] UKAIT 00072, [2008] UKAIT 72 |
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AW (Duties of Immigration Judge) Pakistan [2008] UKAIT 00072
Date of hearing: 3 June 2008
Date Determination notified: 06 August 2008
AW |
APPELLANT |
and |
|
ENTRY CLEARANCE OFFICER, ISLAMABAD | RESPONDENT |
Immigration Judges have a duty to act fairly in relation to both parties when reaching a decision on an accurate understanding of the evidence before them. Although there may be reason to criticise Entry Clearance Officers, such criticism should not be offered except when it applies, and does not entitle the Immigration Judge to abandon his duty to make a decision on the evidence.
"The difficulty in this case is that there is a lack of documentary evidence. It is clear that this has been caused by the respondent, for whatever reason. The respondent has not sent a copy of the appellant's application form or of the sponsor's bank statement. Although this puts the appellant at some disadvantage, I am not going to allow that to prejudice the appeal."
"There is nothing to indicate in the papers sent to me that the decision was reviewed, following receipt of the appeal. I find this to be very disturbing as any appellant who appeals has the right, in the name of justice, for the decision to be reviewed. I presume the respondent had specific reasons for not reviewing the decision."
"I am aware that an immigration judge must be very wary of interfering with an entry clearance officer's finding of fact particularly where the entry clearance officer is aware of the local conditions."
"The documents before the Tribunal are those in the respondent's bundle."
"Taking the issue of English first, it is clear that the appellant was prompted to take the IELTS examination following the comments and criticisms of the entry clearance officer. Therefore, I do not regard that as new, post-decision, evidence. It is clear that with a score of 5.5 the appellant is well able to follow the course."
"Subject to section 108 of the 2002 Act [which is not material here], the Tribunal must not take into account any evidence that has not been made available to all the parties."
"This result is declared, errors and omissions, if any, are accepted as a notice only and does not in itself confer any right or privilege independently."
"I got my whole education from best English medium in institutes throughout. I always go good marks in English. I also completed English language proficiency course NUML Islamabad. My command at English language is very good."
"I am appearing for IELTS next month. I have also completed English language course from NUML. My medium of edu was also Eng."
C M G OCKELTON
DEPUTY PRESIDENT
Date: