The leading immigration judge has urged colleagues to be alert to ‘multi-cultural’ sensitivities after a Nigerian litigant was told the UK is ‘not a retirement home for the rest of the world’.

The comment was made by a judge at a first-tier tribunal dismissing an appeal to remain in the country from 71-year-old Alhaja Alubankudi.

The appellant, who sought indefinite leave to remain in the UK, lost her case on the basis that she would be medically and financially supported in her home country.

But her lawyers argued that the ‘retirement home’ comment was ‘indicative of the judge’s adverse inclination’ against their client’s case, and was ‘belittling to and insulting of’ the appellant.

The Hon Mr Justice McCloskey, president of the Upper Tribunal (Immigration and Asylum Chamber), dismissed the appeal. He said the first-tier judge had shown an element of empathy in his summary and referred to a ‘retirement home’ as describing the type of case.

However, he noted that the words used were ‘unfortunate’ and had the potential to cause offence, adding that the comment was ‘insensitive’ and gave the appellant an unfavourable impression of the legal process.

He added: ‘The interface between the judiciary and society is of greater importance nowadays than it has ever been. In both the conduct of hearings and the compilation of judgments, judges must have their antennae tuned to the immediate and wider audiences.

‘Judges must be alert to the sensitivities and perceptions of others, particularly in a multi-cultural society. Statements of the kind which stimulated the grant of permission to appeal in the present case should be avoided.’

McCloskey said the overall judgment was fair, balanced and impartial and concluded the challenge based on apparent bias was devoid of merit and substance. The appeal was subsequently dismissed.