- BY Colin Yeo
Mohammed (late application-First-tier Tribunal) Somalia [2013] UKUT 467 (IAC)
THANKS FOR READING
Older content is locked
A great deal of time and effort goes into producing the information on Free Movement, become a member of Free Movement to get unlimited access to all articles, and much, much more
TAKE FREE MOVEMENT FURTHER
By becoming a member of Free Movement, you not only support the hard-work that goes into maintaining the website, but get access to premium features;
- Single login for personal use
- FREE downloads of Free Movement ebooks
- Access to all Free Movement blog content
- Access to all our online training materials
- Access to our busy forums
- Downloadable CPD certificates
Short procedural point to this one and the use of some invisible magic hats:
Where an application for permission to appeal to the Upper Tribunal is made to the First-tier Tribunal outside the prescribed period, rule 24(4) of the Asylum and Immigration Tribunal (Procedure) Rules 2005 requires that the First-tier Tribunal must make a decision on whether the application should be admitted.
There was a delay of 881 days in seeking permission to appeal to the Upper Tribunal against the dismissing of the appeal in the First-tier. The deadline is 5 days. A hearing was convened in the Upper Tribunal to investigate whether there was good reason for the delay. It seems belatedly, the Upper Tribunal realised that without a decision by the First-tier, the Upper Tribunal had no jurisdiction.
After some rummaging around behind the bench, the same judges found their invisible magic First-tier hats and ‘reconstituted’ as a panel of the First-tier. I assume this process was visually akin to the Terminator 2 reconstitution scene. Anyway, they certainly then terminated the appeal, holding that there was no good reason for the delay.
SHARE
