||All England Reporter
|| All ER (D) 141 (Apr)
|| EWCA Civ 396
||Court of Appeal, Civil Division
Brooke and Buxton LJJ
||Melanie Plimmer (instructed by Tyndallwoods) for the claimant.
||The Secretary of State did not appear and was not represented.
||11 April 2006
Immigration - Practice - Application to Court of Appeal for permission to appeal out of time - Administrative delay - Appropriate administrative processes - Whether appropriate to grant extension of time and permission to appeal.
It was settled law that delays of more than two months in filing a notice of appeal would only be overlooked in rare and limited cases where the facts justifying such a long extension of time could be strictly proved and the Court of Appeal was satisfied that a significant injustice had probably occurred. In the instant case, where that had not occurred, the claimant's application for permission to appeal and an extension of time would be dismissed.
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