How On Earth Did This Man Get To This Postion?

[youngmafbog]

Ignore the fact he is blind, that has no bearing on his incompetence or ability to do the job so I dont understand why a fuss is being made of it.

He appears to be totally out of his depth so why did he get put in that position?

http://www.dailymail.co.uk/news/article-4939586/Britain-s-second-blind-judge-no-idea-law.html

[naomi24]

//'It is hard to see how he first passed the judicial exams and then why it has taken so long for his lack of knowledge to be exposed.

'These are the sort of errors that first-year law students make. It is extremely rare for senior judges to make such a level of public criticism against another judge.'//

Strange.

[jim360]

I can't say that a reading of the full tribunal decision answers the question, but it's probably the closest I've ever seen to a legal b*tch-slapping and well worth a read:

http://www.bailii.org/uk/cases/UKAITUR/2017/AA069062014.html

[cassa333]

In the name of diversity, not wanting to offend and of being called some ism or other.

It does rather beggar belief that it took so long. Is there some sort of refresher tests that these judges should take?

And it didn't sayin the article if he stopped people getting i or allowed them?

[jim360]

In answer to cassa's question, there appears to be a mix of cases. All concern appeals about immigration of course, but in some cases Majid refused an appeal to stay here and in others he granted it. The first two cases I've read concern a Bangladeshi and a Ghanaian family, all of whom appealed to stay here and in both cases Majid rejected their appeal. The third is about a Syrian woman claiming right to reside here since she was married to a refugee that has been allowed to stay here; Majid allowed that appeal without actually saying why.

As I say, the full ruling condemning Majid in these cases (and, by extension, probably all others he has made in recent years) should cover that.

[youngmafbog]

Thanks for that jim, certainly worth a read.

I dont think this one has anything to do with any 'ism'. There are plenty of people who can tick boxes who would be more than competant.

Somehow he seems to have slipped through the net. Until now.

[EDDIE51]

Getting a Judge removed from office is difficult
https://www.judiciary.gov.uk/about-the-judiciary/the-judiciary-the-government-and-the-constitution/jud-acc-ind/judges-and-parliament/
The problem here is that this man should never have been appointed to the office in the first place. He is clearly not qualified for the job.

[jim360]

It's an amazing read, isn't it? Firstly there's the sheer horror that complex immigration cases affecting so many people, and indeed costing this country some fair amount of money, appear to have been decided essentially on a whim. It doesn't matter whether you accept the right of these people to reside in the UK or not: it's outrageous and unacceptable.

But as I say I don't think I've ever seen such a remarkable document, and the Mail article (understandably) barely does it justice.

My favourite bit so far is probably something in paragraph 97 of the decision above, where the judgement refers to "Judge Majid's 'findings'..." where the inverted commas are indeed present. I can just imagine the three judges writing this decision sighing in exasperation, or doing the sarcastic finger quote gesture at this point while rolling their eyes.

But that aside, I can only assume, or perhaps I can only hope, that the evident and serious failures this judge has been making have appeared only recently. Otherwise surely there are many dozens more cases that must now come into serious question.

[New Judge]

And it's likely that the standards Judge Majid seems to have fallen below are probably to be lowered a bit further:

https://www.lawgazette.co.uk/law/no-litigation-experience-required-judiciary-widens-support-scheme/5062911.article

"In a bid to encourage more solicitors to become judges, the judiciary has widened a diversity support scheme to candidates with no litigation experience. To prepare for the exercise, the judicial diversity committee has today opened a support programme for those from under-represented groups interested in applying to the deputy high court judge selection exercise. Due to the nature of the scheme, the 30 available places are limited to candidates from areas where the judiciary is significantly less representative of society - women, those from a less advantaged background, and black, Asian and minority ethnic candidates."

I'm afraid the days when you had to know your stuff to get on seem a long way behind us. You get quite a number of Brownie Points if you are from a minority that is "significantly under-represented" in the area you choose. I doubt there are many criminals sitting as judges at the Old Bailey or illegal immigrants sitting in Judge Majid's position. So watch out for a scheme to encourage the recruitment of both to make those positions "more representative" of the customers they deal with.

[jim360]

Perhaps unusually for First-Tier Tribunal Judges, Majid has his own wikipedia entry:

https://en.wikipedia.org/wiki/Amir_Ali_Majid

Obviously I'm aware of the limitations of Wikipedia as a source but still, it seems to me that until recently he can hardly be accused of lacking qualifications or respect among various respectable authorities. It doesn't make sense to me that such a level of incompetence, as described by the Upper Tribunal, can have gone unnoticed for so long. The only way it can, to me at least, is if this were a comparatively recent failing on his part; alternatively, perhaps he only recently became a Tribunal Judge and therefore only recently was let loose on actual legal business rather than hiding behind the relative sanctuary of academia. I can't say.

[dave50]

He will have got that position because he was blind. If he hadn't have been blind he wouldn't have, unless he was black of course, then he probably would. If he had been a healthy white heterosexual male with no disabilities, he would have had no chance. That's my theory anyway.

[woofgang]

I an just gobsmacked......

[woofgang]

NJ I guess that whether or not its a good idea depends on how much choice they have for who gets those supported spots and what the support will consist of. Personally (and I am white middle class but female) I think it can only be a good thing to see more diversity among judges assuming that they are qualified in the usual ways as well.

[jno]

i'm not sure why litigation experience would be necessary to be a judge. The problem with this particular judge was not knowing the law and not following procedures; solicitors should be familiar with both of these elements.

[Gromit]

Funny that the Daily Mail (and The Times, who they stole the story from) omitted to say that all the Appeals that this man denyed, were from immigrants and asylum seekers, who presumably will now be permitted to stay or come to this country, when previously his judgements meant they couldn't.
But I guess that would spoiled a good story, so they just omitted that fact.

[woofgang]

Gromit, both types of decision he made (allow to stay, not allow to stay) will now be up for review, as, reading from the report, both were equally flawed. It does occur to me to wonder (I only skimmed the report) what the timescale was for his questionable judgements and what his work was like before that? I wonder if we are seeing the result of an undiagnosed illness or similar?

[jno]

I was wondering the same, woofgang. It may be he's been making blunders for years and nobody's noticed, which wouldn't be a good state of affairs, but it's quite possible it only started recently, which might point to some medical problem.

[woofgang]

Its sometimes possible for some illness related behaviour to go unrealised for years, especially in people who are in positions where people are unlikely to challenge their behaviour. Around 25 years ago, there was a widowed local councillor who lived near me who had always been a "plainspoken" bloke. He had a stroke and, as often happens, it affected his emotional control and behaviour...and nobody outside of his doctor and therapists noticed!

[ladybirder]

I thought the same as jno and woofgang when I read this earlier. It could explain it. Wonder if we'll get to know.

[Gromit]

Jno, ladybirder,
Jim360s link this morning shows the Appeal cases under review and their date.

// MM v SSHD (AA/06906/2014)
EDO AND OTHERS v SSHD
(HU/01879/2015; HU/01881/2015; HU/01882/2015; HU/01883/2015)
SSHD v KHATTAB (HU/13552/2015)
SSHD v COMERY (IA/00866/2016)
SSHD v BOATENG-DANSOH (IA/23617/2015)
SSHD v KAUR (IA/30887/2015)
SSHD v BOPOLONGA (IA/31116/2015)
SSHD v BOATENG AND BEMPONG (IA/31918/2015)
SSHD v WANG (IA/32046/2015)
SSHD v OKPALA (IA/32286/2015)
PATEL v SSHD (IA/32901/2015)
ECO v STEPHEN (OA/07779/2015
SSHD v SHINWARI (RP/00104/2016)

A 2 year period. The appealers are all AS and immigrants, so presumably he ruled ahainst their admittance.

[ladybirder]

I don't think a two year period rules it out though. But I'm only guessing of course.