The rule which deemed an appellant to have received notice of the determination of his appeal two days after it was posted, irrespective of whether it in fact was received by him was ultra vires and unlawful. The effect of such a rule was draconian and could not be justified by reference to the Act … Continue reading Regina v Immigration Appeal Tribunal, Ex Parte Saleem: QBD 11 Nov 1999
A rule which deemed service on an asylum applicant two days after postage of a special adjudicator’s determination irrespective of whether it was in fact received was outside the powers given to the Secretary, and is of no effect. The Act gave power to make rules, but the receipt of the determination was fundamental to … Continue reading Saleem v Secretary of State for Home Department: CA 13 Jun 2000
An immigration appeal tribunal which delivered its decision out of time had the power under the rules to grant to itself an extension of time to allow the judgment to be delivered. It was not essential that reasons be given for such an extension, nor that the parties be given an opportunity to be heard … Continue reading Regina v Secretary of State for the Home Department, Ex Parte Berhe: CA 26 May 2000
An adjudication officer, finding that an appeal had been abandoned, was entitled accordingly to decide the matter without consideration of the facts. The absence of statutory authority was decisive in view of long standing practice. Rules not ultra vires Citations: Times 25-Sep-1998 Statutes: Asylum and Immigration Act 1993, Asylum Appeals (Procedure) Rules 1996 (1996 No … Continue reading Regina v Immigration Appeal Tribunal Ex Parte Ali: QBD 25 Sep 1998
