Revista Temas de Derecho Constitucional

247 Asilo en el reino unido: un derecho restringido impartial factor overseeing the overall fairness and the conduct of proceedings; an umpire in a game. In immigration cases the tribunal has case management powers, and although still impartial, the judge is less removed from the way a case is conducted. A FtT judge can, for instance, permit or require a party to provide documents, information, evidence or submissions, hold a hearing to consider any matter or decide the form of any hearing . These powers are in line with the overriding objective of the 2014 Rules, which is to deal with the case fairly and justly, avoiding delay. FtTs are expected to hear one or two substantial asylum appeals per day 33 . Oral evidence is crucial to the process. Every witness, starting with the appellant, is called to give evidence. There are three stages to this: Examination in chief, cross- examination and re-examination. Examination in chief is the process whereby the party ‘tells their story’ and presents their case. Cross-examination is the questioning of the witness by the opposing party, with a view to undermining the case proposed. Re-examination is the opportunity a party has to clarify matters arising from cross- examination and tie any loose ends. In immigrationcases theappellant’s evidence inchief ispresented in the formof awritten statement. Cross-examination remains an oral exercise, however. Cross-examination is performed by the representative for the Secretary of State, the Home Office Presenting Officer (HOPO). HOPOs are legally qualified. This means that the appeal hearing starts straight with the cross-examination of the appellant by a lawyer. There may be some re-examination of the appellant by the appellant’s representative, but this is limited in scope. If listed, all other witnesses for the appellant are subjected to the same three- staged process, until all of the appellant’s evidence is complete. During the oral evidence parties are entitled to ask witnesses to speak to documentary and other types of evidence in support their respective accounts. Known as ‘exhibits’ in England & Wales or ‘productions’ in Scotland, these may include personal letters, statements, photographs, official documents and other. Evidence can be adduced in the form of journalistic materials, independent country reports or professional experts’ reports. However, as per the case of Tanveer Ahmed [2002] UKIAT 00439, it is for the claimant to show that the document can be relied on . The same applies to other types of evidence. Once all the evidence has been seen and heard, the judge invites submissions for both parties, starting with the Secretary of State. Submissions are legal arguments on how the tribunal ought to apply the law to the particular facts of the case. Once finalised, a decision may be issued orally at the hearing. The judge’s decision will explain the reasons of fact and law for the tribunal to grant or refuse the appeal. This way an appellant may have their case presented, argued and determined within a day. If the judge confirms the decision by the Secretary of State, the claimant may wish to lodge an appeal against the FtT’s decision. 33 A court is expected to hear an asylum case in approximately 2 hours, though they may last more or less. Usually 3 or 4 cases are timetabled in the daily court lists. This includes at least one or two additional matters per day, such as a case management or procedural hearing, or an EEA case.