Marinela Isaku & Anor, R (on the application of) v Upper Tribunal (Immigration and Asylum Chamber)

Marinela Isaku & Anor, R (on the application of) v Upper Tribunal (Immigration and Asylum Chamber)

UT Judge Kebede lawfully exercised her discretion in granting an extension of time for the Secretary of State to appeal, applying the correct legal principles and considering all relevant circumstances. No arguable error of law was disclosed in her decision.

Parties
Claimant: Marinela Isaku; Claimant: Erald Isaku; Defendant: Upper Tribunal (Immigration and Asylum Chamber); Interested Party: Secretary of State for Home Department
Jurisdiction
England and Wales
Judgment Date
28 February 2025
Procedural Posture
Judicial Review / Renewed Application for Permission
Outcome
Permission refused
Legal Topics
Extension of Time, Relief From Sanction, Nationality Fraud, Judicial Review Procedure
Administrative Law Immigration Law Nationality Law Extension of Time Relief From Sanction Nationality Fraud Judicial Review Procedure

Case Brief

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Parties

Marinela Isaku

Claimant

Erald Isaku

Claimant

Upper Tribunal (Immigration and Asylum Chamber)

Defendant

Secretary of State for Home Department

Interested Party

Procedural Posture

Judicial Review / Renewed Application for Permission

Legal Issues

  1. 1 Whether Upper Tribunal Judge Kebede erred in granting an extension of time to the Secretary of State to appeal
  2. 2 Whether the delay in applying for permission to appeal was justified
  3. 3 Whether the merits of the appeal are relevant to extension of time

Ratio Decidendi

UT Judge Kebede lawfully exercised her discretion in granting an extension of time for the Secretary of State to appeal, applying the correct legal principles and considering all relevant circumstances. No arguable error of law was disclosed in her decision.

Court Disposition

Permission refused

Orders

  • Extension of time for filing renewal application granted
  • Permission to apply for judicial review refused