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 now appealed from the grant of judicial review of the decision.
Held: The adjudicator’s appeal failed. The decision to dismiss the claim had been made in breach of natural justice, and was accordingly void as being made without jurisdiction, and was properly quashed.
Although there was no error on the part of the adjudicator in holding that r 12 covered the case, the immigrants through no fault of their own had by his exercise of the r 12 power to dispense with a hearing suffered an infringement of the rule of natural justice.
Citations:
[1985] 2 WLR 611, [1985] 1 All ER 1073, [1985] QB 1109
Statutes:
Immigration Appeals (Procedure) Rules 1972 12
Jurisdiction:
England and Wales
Cited by:
Considered – Regina v Knightsbridge Crown Court, ex parte Johnson QBD 1986
J appealed from the magistrates court against his conviction. Due to a mix up at his solicitors, he was not informed of the hearing, and, on his non-attendance at the Crown Court, it refused an adjournment and decided the appeal against him. He now . .
Appal from – Rahmani and Others v Diggines HL 20-Mar-1986
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 . .
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
Updated: 01 October 2022; Ref: scu.646074