ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
(MRS JUSTICE DAVIES DBE)
B e f o r e :
| R (IS)
|- and -
SECRETARY OF STATE FOR THE
WordWave International Limited
A Merrill Communications Company
165 Fleet Street, London EC4A 2DY
Tel No: 020 7404 1400 Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
The Respondent did not appear and was not represented.
Crown Copyright ©
Lord Justice Laws:
"The limited explanation and evidence for the delay advanced by the claimant in the light of BO appears to me to provide a reasonable basis for the rejection of the application to extend time for appealing."
Therefore, as I have indicated, he declined to grant judicial review permission.
"12. The Agency provides some useful guidance but migrants often struggle to get the information and assistance they need, leading to additional delay and, potentially, cost to applicants who get it wrong. Many applicants are unclear what supporting documentation they have to provide and around half of applicants telephone the Agency's helplines although they often struggle to get through. In 2009-10, the Agency rejected some 8,500 migrant applications made in the UK because the application was not correctly made.
13. The Agency has not evaluated the success of its policy of 'evidential flexibility', introduced to reduce the number of rejected and failed applications, nor applied it consistently. From August 2009, caseworkers have been able to give applicants three days to provide additional information but the Agency cannot say how many times it has applied the policy or what the results were. Before February 2011 it was not being applied in some locations overseas."
Order: Application refused.