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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> FA (Bangladesh) v Secretary of State for the Home Department [2015] EWCA Civ 874 (16 June 2015)
URL: http://www.bailii.org/ew/cases/EWCA/Civ/2015/874.html
Cite as: [2015] EWCA Civ 874
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ON APPEAL FROM THE UPPER TRIBUNAL
(IMMIGRATION & APPEAL CHAMBER)
(LOWER COURT JUDGE: SIR STEPHEN SEDLEY)
Strand, London, WC2A 2LL |
||
B e f o r e :
____________________
| FA (BANGLADESH) |
Appellant |
|
| - and - |
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SECRETARY OF STATE FOR THE HOME DEPARTMENT |
Respondent |
____________________
A Merrill Corporation Company
165 Fleet Street, London EC4A 2DY
Tel No: 020 7404 1400, Email: mlstape@merrillcorp.com
Official Shorthand Writers to the Court
The Respondent did not appear and was not represented
____________________
Crown Copyright ©
- This is a renewed oral application for permission to appeal, permission to appeal having been refused on the papers by Sir Stephen Sedley by an order dated 1 October 2014. The application is for permission to appeal in circumstances where the appeal would be a second appeal. Accordingly, it is the second appeal criteria which fall to be applied.
- No appearance has been made by the appellant, despite being notified of the hearing date and time. Yesterday the appellant made an application by email for an adjournment, which was refused. The case has been properly called on and effort has been made to contact the appellant on his mobile phone but there was no answer. In the circumstances I am satisfied that it is appropriate for me to continue to consider this case and give a ruling on it.
- No effort has been made in writing or by attendance today to engage with the reasons given by Sir Stephen Sedley explaining why the second appeal test is not satisfied in this case. I have myself reviewed the papers and I can say that I agree with the reasons given by Sir Stephen Sedley. No possible reason for disagreeing with them has been advanced or appears from the papers.
- Accordingly, this application for permission to appeal is dismissed.
LORD JUSTICE SALES:
Order: Application refused