OA140132013

The burden is upon the Appellant to make out the allegation of procedural irregularity. All I had before me was a bare assertion to this effect made by solicitors on behalf of the Sponsor. I had no witness statement from the Sponsor nor any witness statement from the alleged community interpreter. I noted from the Record of Proceedings that it was recorded that an official interpreter from Applied Language Solutions had been secured for the hearing. The judge's determination is detailed and makes no reference to any difficulties concerning the services of an interpreter. At paragraph 4 the judge recites "The Sponsor attended and gave evidence through the interpreter ." The implication from that sentence is that it was an official interpreter who carried out the interpretation. The judge's Record of Proceedings makes no reference to any lack of official interpreter or decision as to an unofficial interpreter being, most unusually, allowed to interpret. On that basis I was satisfied that the Appellant had not made out the allegation. It is clear from, amongst other sources, the reported case of Azia (proof of misconduct by judge) Iraq [2012] UKUT 96 (IAC) that where there are allegations that a judge has not acted properly in conducting a hearing proof is required. There was simply no such proof before me and all the indications were that the hearing had been conducted in proper form. In reaching that decision I did not rely upon Mr Smart's information as to the minute from the Presenting Officer at the original hearing but in passing I note that he had nothing to say which might have made me consider that there had been any impropriety in the way the hearing was conducted. The allegation is not made out and accordingly this appeal is dismissed.