A failure to appear at an earlier appeal which was through no fault of the appellant, should not be used by the Secretary as an excuse to defeat an appeal under the section. The Secretary of State should not treat the section as a safety net or fall back. It was in fact a secondary appeal, and its provisions should not be defeated by a merely technical defect.
Times 11-Jul-2000, Gazette 20-Jul-2000,  EWHC Admin 776
England and Wales
Updated: 19 May 2022; Ref: scu.88658