BR (Iran) v Secretary of State for the Home Department [2007] EWCA Civ 198, [2007] All ER (D) 199 (Mar)
The court gave guidance concerning applications for an extension of time for the filing of an appellant’s notice where permission to appeal against the decision of an immigration judge has already been granted by the Asylum and Immigration Tribunal (AIT).
(i) There is a presumption that where the AIT has granted permission to appeal to the Court of Appeal, the appeal ought to be heard.
(ii) If a procedural fault causes the court to have to consider whether or notthe appeal should proceed, the presumption might be displaced if it can be shown that the decision of the immigration judge was plainly wrong, in the sense that it was clear that failure to pursue the appeal would not lead to the UK being in breach of its international obligations. The court has to make that assessment without hearing the appeal, but the inquiry is likely to come close to being in substance an appeal rather than just an
