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22 January 2016
Issue: 7683 / Categories: Case law , Law digest , In Court
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R (on the application of Kigen and another) v Secretary of State for the Home Department [2015] EWCA Civ 1286, [2015] All ER (D) 132 (Dec)

The Court of Appeal, in allowing an appeal against the refusal of an extension of time for seeking permission to apply for judicial review in the Upper Tribunal (Immigration and Asylum Chamber), held that delay in obtaining legal aid was not a complete answer to a failure to comply with procedural requirements. It might still be a factor that could be taken into account, but no more.

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