The applicant sought judicial review of the decision to proceed with his appeal in his absence. He, his advisers and his witness had gone to the wrong court. The court had changed the venue from previous hearings, but the notice of hearing had not been received. The decision was promulgated before the circumstances had been made clear.
Held: The officer was functus officio, and had been unable to re-open his decision. An immigrant deprived of the opportunity to present his case as a result of the negligence of his solicitors had no ground for complaint in law.
Judges:
Justice Stanley Burnton
Citations:
[2001] EWHC Admin 1003
Links:
Statutes:
Immigration and Asylum Appeals (Procedure) Rules 2000
Citing:
Cited – Al-Mehdawi v Secretary of State for the Home Department HL 23-Nov-1989
The applicant, a student had overstayed his leave. Through his solicitor’s negligence, he lost his appeal against deportation. He sought judicial review of that decision.
Held: Judgment obtained in a party’s absence due entirely to the fault . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 05 June 2022; Ref: scu.167280