UTIAC Where permission to appeal to the Upper Tribunal has been granted, but in circumstances where the application is out of time, an explanation is provided, but that explanation is not considered by the judge granting permission, in the light of AK (Tribunal appeal – out of time) Bulgaria [2004] UKIAT 00201 (starred) and the clear wording of rule 24(4) of the Asylum and Immigration (Procedure) Rules 2005, the grant of permission to appeal is conditional, and the question of whether there are special circumstances making it unjust not to extend time has to be considered.
Judges:
Allen UTJ
Citations:
[2011] UKUT 442 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 26 September 2022; Ref: scu.448411