QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
B e f o r e :
|THE IMMIGRATION APPEAL TRIBUNAL||(DEFENDANT)|
|THE SECRETARY OF STATE FOR THE HOME DEPARTMENT|
Smith Bernal Wordwave Limited
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
MR P PATEL (instructed by the Treasury Solicitor) appeared on behalf of the INTERESTED PARTY
Crown Copyright ©
"Directions given under this rule may, in particular,-
(c) provide for-
(ii) a pre-hearing review to be held;
(ii) the furnishing of any particulars which appear to be requisite for the determination of the appeal."
EITHER (1) The Appellant or representative must return the attached Reply to Directions to the Immigration Appellate Authority ... before ... 3 May 2002 ...
OR (2) The Appellant or representative must attend the First Hearing on the date given above.
Failure to attend the First Hearing without a satisfactory explanation, or to return the Reply to Directions will lead to A DETERMINATION OF THE APPEAL IN THE APPELLANT'S ABSENCE AT THE FIRST HEARING."
"(1) Where a party has failed-
(a) to comply with a direction given under these Rules; or
and the appellate authority is satisfied in all the circumstances, including the extent of the failure and any reasons for it, that it is necessary to have regard to the overriding objective in rule 30(2), the appellate authority may dispose of the appeal in accordance with paragraph (2).
(2) The appellate authority may-
(a) in the case of a failure by the appellant, dismiss the appeal ... without considering its merits;
(b) determine the appeal without a hearing ..."
"2. On 15 May 2002, the date set for the First Hearing of the appellant's appeal, there was no appearance by him or his representatives, Messrs Bray Walker. I ascertained from the case file that the appellant and those representatives had been correctly served with notice of the hearing. There was no explanation as to why the appellant had failed to attend.
3. On 25 April 2002 a Direction under the Immigration and Asylum Appeals (Procedure) Rules 2000 was given to the appellant, requiring him to complete and return a Reply before 3 May 2002, as an alternative to attending the First Hearing.
4. The appellant has failed to comply with that Direction, in that he has neither returned the Reply by the due date (or, indeed at all), nor has he attended the First Hearing.
5. In the light of this failure, I was required by Rule 33(1) of the Procedure Rules to proceed in accordance with Rule 33(2), given that I was satisfied, in all the circumstances, that it was desirable to do so in order to give effect to the overriding objective in Rule 30(2), namely, to secure the just, timely and effective disposal of appeals.
6. In the exercise of my discretion, I decided to proceed under Rule 33(2)(a), and dismiss the appeal, without considering its merits.
7. This appeal is accordingly dismissed."
"The appeal was dismissed under Rule 33(2)(a) of Immigration and Asylum Appeals (Procedure) Rules 2000. The file shows that the appropriate notice was served on the applicant and his solicitors by first class post on 28 April 2002 and the first hearing was on 15 May. The rules have been complied with and I can see no reason to grant leave notwithstanding what is averred in the grounds."
"... in all the circumstances, including the extent of the failure and any reasons for it, that it is necessary to have regard to the overriding objective in rule 30(2)."