UTIAC When considering an application for permission to appeal that is out of time, a judge must (i) consider all available material including the material on file and bear in mind the need for evidence to rebut the presumption of service, (ii) consider the extent of the delay and whether any explanation covers the whole of that period; (iii) give brief reasons for the discretionary decision to extend time or refuse to do so. The same principles apply whichever side is the applicant.
Ockleton VP
[2013] UKUT 343 (IAC)
Bailii
England and Wales
Immigration
Updated: 17 November 2021; Ref: scu.513581