The Foreign, Commonwealth and Development Office (FCDO) has published a list of countries that permit the taking and giving of evidence by video link for the purposes of UK tribunal cases.
This follows the decision of the Upper Tribunal in Agbabiaka (Evidence from Abroad: Nare Guidance: Nigeria), Re [2021] UKUT 286 (IAC) that permission from a foreign state is necessary before a witness can give oral evidence to a UK Immigration tribunal from that state.
In Presidential guidance, which was last updated in July 2022, the Presidents of the employment tribunal in England and Wales and in Scotland confirmed that, although the decision was not binding on the employment tribunal, they took the view that it was appropriate to follow the same approach. The guidance also noted that the FDCO intended to publish and maintain an online list of those foreign states permitting the giving of evidence to UK tribunals, along with any conditions attached.
