header-logo header-logo

20 March 2007
Issue: 7266 / Categories: Case law , Law digest
printer mail-detail

IMMIGRATION

BR (Iran) v Secretary of State for the Home Department [2007] EWCA Civ 198, [2007] All ER (D) 199 (Mar)

The court gave guidance concerning applications for an extension of time for the filing of an appellant’s notice where permission to appeal against the decision of an immigration judge has already been granted by the Asylum and Immigration Tribunal (AIT).

(i) There is a presumption that where the AIT has granted permission to appeal to the Court of Appeal, the appeal ought to be heard.

(ii) If a procedural fault causes the court to have to consider whether or notthe appeal should proceed, the presumption might be displaced if it can be shown that the decision of the immigration judge was plainly wrong, in the sense that it was clear that failure to pursue the appeal would not lead to the UK being in breach of its international obligations. The court has to make that assessment without hearing the appeal, but the inquiry is likely to come close to being in substance an appeal rather than just an application.

(iii) Length of delay, when caused by legal representatives,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll