Khalfi, R (on the application of) v Immigration Appeal Tribunal & Anor [2003] EWCA Civ 1224 (15 August 2003)

The application was refused due to lack of credible explanation for the delay in seeking judicial review and absence of evidence supporting the applicant's claims regarding notification and risk of persecution.

Citation: [2003] EWCA Civ 1224
Parties: Claimant/applicant: Abdelkrim Khalfi; Defendant/respondent: Immigration Appeal Tribunal; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction: England and Wales
Judgment Date: 15 August 2003
Procedural Posture: Judicial Review / Permission to Appeal Against Refusal of Renewed Application for Permission to Apply for Judicial Review
Outcome: Applications for permission to appeal and extension of time refused
Legal Topics: Asylum, Judicial Review, Extension of Time, Notification of Hearing

Immigration Law Administrative Law Asylum Judicial Review Extension of Time Notification of Hearing

Case Brief

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Parties

Abdelkrim Khalfi

Claimant/applicant

Immigration Appeal Tribunal

Defendant/respondent

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Judicial Review / Permission to Appeal Against Refusal of Renewed Application for Permission to Apply for Judicial Review

Legal Issues

1 Whether the applicant was notified of the adjudicator's hearing
2 Whether there was a credible explanation for delay in seeking judicial review
3 Whether there was merit in the application for judicial review

Ratio Decidendi

Court Disposition

Applications for permission to appeal and extension of time refused

Orders

Permission to appeal refused
Extension of time refused