| Source: | All England Reporter |
| Publisher Citation: | [2009] All ER (D) 113 (May) |
| Court: | Queen's Bench Division, Administrative Court (London) |
| Judge: | Sir Michael Harrison sitting as a judge of the High Court (judgment delivered extempore) |
| Representation | Declan O'Callaghan (instructed by Scudamores) for the claimant. |
| The Asylum and Immigration Tribunal did not appear and was not represented. | |
| Judgment Dates: | 13 May 2009 |
Catchwords
Immigration - Asylum and Immigration Tribunal - Appeal - Claimant not receiving letter from Secretary of State refusing human rights claim - Claimant's second set of solicitors informing her that no refusal letter on file - Claimant applying for leave to appeal out of time - Immigration judge refusing to extend time - Whether immigration judge erring - Asylum and Immigration Tribunal (Procedure) Rules 2005, SI 2005/230, r 10(5).
The Case
Immigration Asylum and Immigration Tribunal. Queen's Bench Division, Administrative Court (London): Where the claimant had not received a letter from the Secretary of State refusing her human rights claim, the immigration judge had erred in stating that there was no basis upon which he could properly exercise his discretion under r10(5) of the Asylum and Immigration Tribunal (Procedure) Rules 2005, SI2005-230, to extend time.
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