The Court of Appeal had overturned the rejection of an administrative appeal from a deportation decision, on the ground that there had been a denial of natural justice when the person involved in an administrative appeal did not attend the hearing through the negligence of her own immigration agents.
Held: The House affirmed the decision, but on the ground that the adjudicator had decided the case in purported exercise of a power which he did not have under the relevant statutory rules.
HL Immigration — Appeal — Immigration adjudicator — Jurisdiction to dispense with oral hearing — Conditions to be satisfied — No party to appeal requesting hearing — Applicants instructing Immigrants Advisory Service to lodge appeal and request oral hearing — Advisory service failing to record applicants’ change of address and unable to notify them of hearing date — Advisory service inviting adjudicator to dispense with oral hearing — Adjudicator dismissing appeal without hearing — Whether adjudicator entitled to dismiss appeal without hearing — Immigration Appeals (Procedure) Rules 1972, r 12.
Judges:
Lord Sarman
Citations:
[1986] 2 WLR 530, [1986] AC 475, [1986] 1 All ER 921, [1986] UKHL 12, [1986] Imm AR 195, [1986] 1 AC 475
Links:
Statutes:
Immigration Appeals (Procedure) Rules 1972 12
Jurisdiction:
England and Wales
Citing:
Appal from – Regina v Diggines, ex parte Rahmani CA 1985
R, had failed to attend the hearing of her appeal from a refusal to extend her stay in the UK. Her advisers had failed to note her new address and had been unable to notify her of the hearing. The appeal was dismissed in her absence. The adjudicator . .
Cited by:
Overruled – 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, Natural Justice, Immigration
Updated: 01 October 2022; Ref: scu.559852
