Source: All England Reporter
Publisher Citation: [2007] All ER (D) 46 (Jun)
Court: Court of Appeal, Civil Division

Ward, Sedley and Hughes LJJ

Representation Phillip Nathan (instructed by Theva & Co) for the claimant.
  Steven Kovats (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 7 June 2007


Immigration - Appeal - Time limit for appealing - Asylum and Immigration Tribunal giving Secretary of State leave to appeal to Court of Appeal - Tribunal later amending permission decision to correct clerical errors - Whether time limit for filing appellant's notice running from receipt of notice of amended decision or from receipt of notice of earlier decision - Whether filing of appellant's notice out of time - Whether time should be extended - Civil Procedure Rules 1998, SI 1998/3132, Practice Direction to Pt 52, para 21.7 - Asylum and Immigration Tribunal (Procedure) Rules 2005, SI 2005/230, r 60.

The Case

Immigration Appeal. Where the Asylum and Immigration Tribunal had amended an earlier decision to grant the Secretary of State permission to appeal to the Court of Appeal in order to correct clerical errors, the time limit for the filing of the appellant's notice ran from receipt of notice of the earlier decision and not the later amended decision, pursuant to para21.7 of the Practice Direction to Pt52 of the Civil Procedure Rules 1998, SI1998-3132. It followed that in the instant case the Secretary of State was out of time. Time would not be extended, since, inter alia, it was not reasonable for the Secretary of State to believe that the relevant provision of the Practice Direction would not apply where the form of the grant of permission to appeal had been amended.

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