Immigration

The test to be applied when a decision had to be made about whether to extend time under r 10 of the Asylum and Immigration Tribunal (Procedure) Rules 2005 (SI 2005/230) was whether the duty judge of the tribunal was satisfied that, by reason of special circumstances, it would be unjust not to extend time. The tribunal should apply the guidelines set out in BO and others (Extension of time for appealing) (Nigeria) [2006] UKIAT 00035 in considering every extension of time application.

Consequently, any judicial review challenge to an extension of time decision had to consider, as its starting point, the question of whether the guidelines were followed. The guidelines emphasised that any failure or shortcoming of a legal practitioner that had contributed to a delay in appealing had to be considered. Therefore, any practitioner involved in an extension of time application had a duty of candour to the tribunal in providing a full explanation and disclosure of any shortcomings he was