Kigen & Anor, R (on the application of) v Secretary of State for the Home Department [2015] EWCA Civ 1286 (11 December 2015)

Kigen & Anor, R (on the application of) v Secretary of State for the Home Department [2015] EWCA Civ 1286 (11 December 2015)

The delay of thirteen days in lodging the request for reconsideration was not satisfactorily explained by awaiting legal aid, but given the uncertainty in the law and the lack of prejudice to the respondent, the refusal to extend time imposed disproportionate prejudice on the appellants; the discretion should be exercised afresh and the extension granted exceptionally.

Citation
[2015] EWCA Civ 1286
Parties
Claimant/appellant: Frank Kigen; Claimant/appellant: Janet Cheruiyot; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
11 December 2015
Procedural Posture
Appeal From Upper Tribunal (immigration and Asylum Chamber) Judicial Review / Appeal Against Refusal to Extend Time for Renewal of Application for Permission for Judicial Review
Outcome
Appeal allowed
Legal Topics
Extension of Time, Judicial Review, Legal Aid Delay, Compliance With Procedural Rules
Immigration Law Civil Procedure Extension of Time Judicial Review Legal Aid Delay Compliance With Procedural Rules

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Parties

Frank Kigen

Claimant/appellant

Janet Cheruiyot

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Appeal From Upper Tribunal (immigration and Asylum Chamber) Judicial Review / Appeal Against Refusal to Extend Time for Renewal of Application for Permission for Judicial Review

Legal Issues

  1. 1 Whether delay in obtaining legal aid is a good reason for extension of time in judicial review proceedings
  2. 2 Whether the Upper Tribunal Judge erred in refusing an extension of time for renewal of application for permission for judicial review

Ratio Decidendi

The delay of thirteen days in lodging the request for reconsideration was not satisfactorily explained by awaiting legal aid, but given the uncertainty in the law and the lack of prejudice to the respondent, the refusal to extend time imposed disproportionate prejudice on the appellants; the discretion should be exercised afresh and the extension granted exceptionally.

Court Disposition

Appeal allowed

Orders

  • Extension of time granted to enable appellants to lodge request for reconsideration of application for permission to apply for judicial review at an oral hearing.