Jane Coker - Deputy Judge of the Upper Tribunal, Immigration and Asylum Chamber
Jane Coker became a Deputy Judge of the Upper Tribunal, Immigration and Asylum Chamber in 2010 and sat in London, Manchester and Birmingham. A year later she was promoted to Salaried Judge of the Upper Tribunal. She is a former Fee-paid and Salaried Judge of the First-tier Tribunal and a solicitor.
The First-tier Tribunal (Immigration and Asylum Chamber) is an independent tribunal dealing with appeals against decisions by the Secretary of State for the Home Office against any immigration decision in respect of which there is a right of appeal, such as a removal decision accompanying refusal of an asylum claim, refusal of leave to enter or to vary leave by way of the grant of further leave to remain in the United Kingdom. Increasingly, the tribunal is concerned with appeals against deportation decisions and appeals against adverse decisions made on applications by European Economic Area nationals and their family members and dependants. The Upper Tribunal (Immigration and Asylum Chamber) is a superior court of record dealing with appeals against decisions made by the First-tier Tribunal.
"There is far more legal interpretation and less fact finding when you progress from the First-tier Tribunal to become a Deputy Judge of the Upper Tribunal. This makes the role more intellectually challenging. There is still fact-finding - determinations can be set aside and re-made from scratch - but there is more interpretation of what the law, rules and policies mean.
"Some appeals can take up to five days, but generally you are hearing between two and four cases per day. Appeals can be very quick because frequently there is no oral evidence, merely legal submissions. And the cases are as wide-ranging as you see in the First-tier Tribunal - visa issues, settlements, adoptions, deportations and asylum.
"More than 30 other Deputies were appointed at the same time as me. We had all been First-tier immigration judges, but our backgrounds were very varied - women, men, solicitors, barristers, some had previously specialised in conveyancing, others had been litigators. As we were all in the same boat, we set up ad hoc social contact through dinners and an email group so we could keep in touch. This social and supportive side of the judiciary is perhaps different from people's perceptions of what it would be like.
"In the period leading up to my interview, I read through whole cases relating to work I was doing, even when I thought I knew the law. This gives you an insight into the post because you are looking at legal decisions, not just factual decisions. It is also beneficial to shadow a judge as you pick up so much watching someone else. Speak to as many of the Deputies and Upper Tribunal Judges as possible if they are sitting at your court as formal shadowing can take some time to arrange. You will see the extent and nature of their work, and their style. I found that some Upper Tribunal judges are discursive in their approach and some are formal - their varied style helped enormously in achieving my own approach. And remember to choose your referees wisely. You need to ask someone who knows your work, not just who knows you. Referees are asked to provide detailed information with supporting examples so it is worth stressing that to them.
"One of the aspects of being a Deputy I enjoyed was travelling around sitting at different centres. The cases are quite varied in different parts of the country and it helps to meet the judges whose appeals you are hearing.
"The biggest challenge is knowing that you have got to get the judgment right; people's lives depend on it. But that said, the other Upper Tribunal judges are incredibly helpful, even when they are busy, and there are always other Deputies around with whom you can articulate your concerns or run through your thinking. I have never been told "come back later".