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13 August 2010
Issue: 7430 / Categories: Case law , Law digest
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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

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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