“I was inspired by the judges I appeared before as a solicitor”: Interview with Tribunal Judge Thaira Bibi
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Judge Thaira Bibi has a varied role. She sits as a Recorder in the Crown Court, a First-tier Tribunal Judge, Deputy Upper Tribunal Judge in the Immigration and Asylum chamber, and a Deputy District Judge in the Family Court. She is one of the first hijab wearing judges to sit in the Crown Court.
We spoke to Judge Bibi about how she reaches decisions, diversity in the judiciary, and what advice she would give to anyone considering a judicial career.
Can you tell us about your background, and your role as a judge?
I was appointed as one of the first hijab wearing salaried judges. I was the first generation in my family to go to university. I come from an Azad Kashmiri background and am multilingual.
As an immigration judge I hear appeals in relation to deportation, asylum claims, entry clearance, human rights, EU cases, deprivation of citizenship and bail applications. Much of the work involves written decisions.
I am a judicial mentor and have successfully trained and mentored newly appointed judges. I also carry out judicial appraisals of judges in the immigration asylum chamber.
More recently I was appointed as a recorder and sit in the Crown Court. This involves managing a jury – including selection, delivering clear directions and ensuring evidence focus, explaining the law, the burden of proof, and managing the deliberation process including allowing for notes, the verdict and discharging the jury. The key aspect is maintaining fairness, impartiality, and the integrity of the judicial process by guiding the jury to base their decision solely on the law and evidence presented in court.
I am also a Diversity and Community Relations Judge, and I sit on the Judicial Appointments Commission (JAC) Advisory Committee.
What first sparked your interest in the law?
At the age of 14 I decided that I want to pursue a career in the legal profession. I was particularly interested in promoting justice and equality within the legal system. Through doing GCSE law I developed an interest in criminal law and wanted to ensure that those most vulnerable within our society had access to justice and a fair trial or hearing.
What did you do before you became a judge?
Prior to my appointment I practised as a criminal defence solicitor. I represented clients in offences such as murder, robbery, assault, drugs, firearms, offensive weapons, and gang related violence. I have represented youths and have also prosecuted for the probation service where individuals had breached their licence conditions and were subject to recall to prison. I was also the lead solicitor responsible for managing and setting up the National Welfare Benefits Specialist Telephone Advice Line funded by the Legal Aid Agency across the UK. I spent most of my career appearing before judges and putting forward legal arguments on behalf of my clients. Having practised as a solicitor in a variety of areas of law, I reached a point in my career when I needed a new challenge. I was inspired by the judges I appeared before and shadowed which helped in my decision to become a judge.
Did you have to overcome any barriers to become a lawyer or a judge?
I came from a background where there were no lawyers in my family when I qualified and being a female Asian lawyer was challenging. I then started wearing a hijab. I was one of the first salaried hijab wearing judges to be appointed, so this had its own challenges, however, I have had an incredible amount of support from the judiciary. I do not see this as a hinderance. My role is to apply the law and procedure. I use my background in a positive manner to promote diversity.
How do you reach decisions?
A judge needs good communication skills, integrity and independence of mind to make incisive, fair and legally sound decisions. It is important to be able to effectively analyse and process complex information from multiple sources at short notice and apply appropriate weight to the information. Having up-to-date knowledge of case law and legislation is essential, along with ensuring both parties are on equal footing and that all the evidence has been considered. It is imperative that a judge keeps an open mind and does not reach premature conclusions. Careful thought and consideration need to be given before a decision is made.
What changes have you seen in the judiciary during your career?
I would say the judiciary has been incredibly successful in adjusting our style of working by becoming digital. What we have learnt is that the judiciary is very adaptable and flexible in its approach. We have been successful in using our technological resources efficiently and effectively.
Other than sitting in court, what does being a judge involve?
Sitting in court is only part of our role. Much of the preparation work is completed behind the scenes, keeping abreast of changes to the law is imperative to carry out our role effectively. As a Diversity and Community Relations Judge, I often host talks with the public. I attend outreach meetings and events organised by the Judicial Office, for example at schools and universities or with current legal professionals. I assist the Judicial Appointments Commission (JAC) to interview fee paid judges and also sit on the JAC Advisory Committee and work closely with the commissioners. The judicial role is interesting and covers a multitude of work which keeps our work engaging. I often host talks to under represented lawyers and providing guidance and support on the Judicial application process.
What advice would you give to someone interested in becoming a judge?
I attended a talk and training events with the Law Society Ethnic Solicitors Network for aspiring judges. I spoke to the panel who were incredibly helpful. They provided guidance and tips on how to complete the application form and negotiate the interview process. I then started doing the mock exams for the Judicial Appointments Commission (JAC) and provided feedback to the JAC. This was done in my spare time and on a voluntary basis. I was fortunate enough to shadow a judge who encouraged me to make an application and join the judiciary. To succeed one must prepare thoroughly for the intensely competitive selection process. This includes understanding the demands of the application form itself and the qualifying tests. Preparation is key as the process is very competitive. Hard work and determination were essential to my appointment.
How do you feel diversity has changed in the judiciary?
The judiciary has been working incredibly hard to increase diversity and has done a tremendous amount of outreach work to encourage those from a non-traditional background to make an application. This is an ongoing process, and a vast amount of work has been and is being done to increase diversity across the board. My colleagues and I regularly mentor students and lawyers to encourage others from underrepresented backgrounds to join the judiciary. I am incredibly proud of our diversity achievements thus far.