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Mohammed (late application-First-tier Tribunal) Somalia [2013] UKUT 467 (IAC)


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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.

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Colin Yeo

Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder of the Free Movement immigration law website.