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Mohammed (late application-First-tier Tribunal) Somalia [2013] UKUT 467 (IAC)

Mohammed (late application-First-tier Tribunal) Somalia [2013] UKUT 467 (IAC)

Short procedural point to this one and the use of some invisible magic hats:

Where an application for permission to appeal to the Upper Tribunal is made to the First-tier Tribunal outside the prescribed period, rule 24(4) of the Asylum and Immigration Tribunal (Procedure) Rules 2005 requires that the First-tier Tribunal must make a decision on whether the application should be admitted.

There was a delay of 881 days in seeking permission to appeal to the Upper Tribunal against the dismissing of the appeal in the First-tier. The deadline is 5 days. A hearing was convened in the Upper Tribunal to investigate whether there was good reason for the delay. It seems belatedly, the Upper Tribunal realised that without a decision by the First-tier, the Upper Tribunal had no jurisdiction.

After some rummaging around behind the bench, the same judges found their invisible magic First-tier hats and ‘reconstituted’ as a panel of the First-tier. I assume this process was visually akin to the Terminator 2 reconstitution scene. Anyway, they certainly then terminated the appeal, holding that there was no good reason for the delay.

Colin Yeo

Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder and editor of the Free Movement immigration law website.

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