A v Secretary of State for the Home Department

A v Secretary of State for the Home Department

The grant of permission to appeal is subject to resolution of the question of time, as the applicant's explanation for delay must be considered before determining whether to enlarge time for appeal.

Parties
Claimant/appellant: A; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
28 June 2006
Procedural Posture
Civil Appeal (asylum/immigration) / Application for Permission to Appeal and Extension of Time
Outcome
Application for permission to appeal granted, subject to resolution of extension of time.
Legal Topics
Permission to Appeal, Extension of Time, Assessment of Evidence, Credibility Findings
Immigration Law Asylum Law Permission to Appeal Extension of Time Assessment of Evidence Credibility Findings

Case Brief

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Parties

A

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Civil Appeal (asylum/immigration) / Application for Permission to Appeal and Extension of Time

Legal Issues

  1. 1 Whether the Asylum and Immigration Tribunal erred in its assessment of the applicant's credibility and documentary evidence
  2. 2 Whether the application for permission to appeal should be granted out of time

Ratio Decidendi

The grant of permission to appeal is subject to resolution of the question of time, as the applicant's explanation for delay must be considered before determining whether to enlarge time for appeal.

Court Disposition

Application for permission to appeal granted, subject to resolution of extension of time.

Orders

  • Applicant to file full explanation for delay within two weeks; respondent to reply within 14 days; applicant to respond within a further week if necessary; court to decide on extension of time before appeal proceeds.