ABSTRACT

The twentieth and the present centuries have seen how methods of control have developed and a quasi-judicial administrative tribunal emerged to review decisions by the executive in the UK, together with the interrelationship between the migrant and society. The all-pervasive aspect of heightened security measures has conditioned the public's attitude toward the immigrant, and has made the public less welcoming, more suspicious. Since law and politics are intertwined, the independence of the immigration judge is less than absolute. In immigration appeals, the witness may not be present, or may be difficult to understand and from an unfamiliar culture, usually speaking through an interpreter and with a story which can sound very far-fetched. Richard Posner's concern about using other countries' decisions does not apply to the UK scene in which the immigration judge operates. Posner in his book How Judges Think considers matters which affect how the judge interprets a provision consciously or, sometimes, unconsciously.