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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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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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