header-logo header-logo

13 August 2010
Issue: 7430 / Categories: Case law , Law digest
printer mail-detail

Immigration

TR v Asylum and Immigration Tribunal [2010] EWHC 2055 (Admin), [2010] All ER (D) 35 (Aug)

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll