Failure to follow vulnerable witness guidance not always an error of law

March 10, 2026 · WOWERI

Courts must follow vulnerable witness guidance to ensure fairness in immigration and asylum cases. Failure to do so is not always a legal error.

Introduction

Vulnerable witness guidance in immigration and asylum cases is a crucial aspect of ensuring fairness in these proceedings. Courts must follow the guidance to guarantee that vulnerable witnesses can participate in the process and give evidence without harm to themselves.

Vulnerable Witness Guidance

According to the Joint Presidential Guidance Note No 2 of 2010, courts must follow certain steps to ensure fairness in cases with vulnerable witnesses. This includes:

• Identifying vulnerable witnesses
• Providing support and protection to witnesses
• Ensuring that witnesses can participate in the process without harm to themselves

Consequences of Non-Compliance

While failure to follow vulnerable witness guidance is not always a legal error, it can have serious consequences for the outcome of the case. Appellants must be aware of their rights and obligations in these cases.

Conclusion

In conclusion, vulnerable witness guidance is a vital aspect of immigration and asylum cases. Courts and appellants must follow the guidance to ensure fairness and protect the rights of vulnerable witnesses.

Source: freemovement.org.uk