Source: All England Reporter
Publisher Citation: [2006] All ER (D) 141 (Apr)
Neutral Citation: [2006] EWCA Civ 396
Court: Court of Appeal, Civil Division
Judge:

Brooke and Buxton LJJ

Representation Melanie Plimmer (instructed by Tyndallwoods) for the claimant.
  The Secretary of State did not appear and was not represented.
Judgment Dates: 11 April 2006

Catchwords

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.

The Case

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.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.