IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
(MR JUSTICE DAVIS)
B e f o r e :
LORD JUSTICE SEDLEY
SIR ANTHONY EVANS
|THE QUEEN ON THE APPLICATION OF GALAL KAMAL TOFIK||Claimant/Appellant|
|IMMIGRATION APPEAL TRIBUNAL||Defendant/Respondent|
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MR R TAM (instructed by Treasury Solicitor, London SW1H 9JS) Appeared on behalf of the Respondent
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"... where it is satisfied that because of special circumstances, it is just for the time limit to be extended."
"We are instructed on behalf of the above named and enclose Grounds of Appeal for leave to the Immigration Appeal Tribunal.
We would sincerely apologise for the delay in lodging the Grounds, this was due to an oversight on the part of Instructing Solicitors, not diarising the Applicant's appeal date. Please note the error/delay was not the result of the Applicant.
Unfortunately further difficulty was encountered in correspondence being forwarded to the Applicant at his previous address causing additional delay.
We therefore respectively ask the Court to consider the appeal as an in time appeal."
The following response came from the IAT dated 25 April:
"We refer to the above matter and your application received on 8th March 2002.
Your application was placed before an IAT Vice President; their response was as follows 'Out of time'.
Should you have any queries please do not hesitate to contact me ..."
"While reasons should have been given for refusing to extend time, the reality is that no explanation was given to the Tribunal and so no conceivable special circumstance was put forward. Even now, no evidence of any sort has been adduced. Mehta is distinguishable - see Lord Denning's observations about a 'day or two late' - this was nearly a month late. The refusal to extend time was not arguably erroneous."
Is there a duty to give reasons for refusing to enlarge time?
"Where the application for leave to appeal is refused, the notice [of the decision] shall include, in summary form, the reasons for the refusal."
What is the ambit of the duty?
Was there a case for extending time here?