QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
B e f o r e :
|THE QUEEN ON THE APPLICATION OF MERIE HASA||Claimant|
|SECRETARY OF STATE FOR THE HOME DEPARTMENT||Defendant|
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)
MISS L GIOVANNETTI (instructed by Treasury Solicitors, London SW1H 9JS) appeared on behalf of the Defendant
Crown Copyright ©
"(1) A party shall inform the appellate authority of the address at which documents may be served on him ('his address for service') and of any changes to that address.
(2) Until a party gives notice to the appellate authority that his address for service has changed, any document served on him at the most recent address he has given to the appellate authority shall be deemed to have been properly served on him.
(3) A person representing a party shall inform the appellate authority of his address for service and of any changes to that address.
(4) Until a person representing a party gives notice to the appellate authority that his address for service has changed, any document served on him at the most recent address he has given to the appellate authority shall be deemed to have been properly served on him."
"Please find enclosed copy of appeal prepared for hearing to be advised soon. I refer to my conversation of 14.11.01. I spoke with Beverley to confirm you are the new representative for the above mentioned client."
The solicitors took the letter to have come from the Home Office, because Beverley was the receptionist to whom somebody from the Appeals Support Section had spoken on 14th November 2001 to check that the solicitors were acting for the claimant.
"We would submit that not allowing our client a full and proper hearing would be in breach of her article 6 right under the 1950 Convention. As you are aware, our client made her application having fled the war in Kosovo. In addition to the problems she experienced in Kosovo, she faces persecution if she is returned to Kosovo because of her current situation with her husband. There is at present no suitable authorities who could protect her and enforce any civil order by a Court. We have enclosed for your information the Non-Molestation Order with Power of Arrests that have been served on our client's husband. We would therefore submit that our client's case has exceptional merit based on the domestic violence that she has suffered."
"I have passed the documentation to my client and have stressed upon them the importance of this matter in order to avoid unnecessary litigation.
With this thought in mind I trust the next time you hear from the Home Office it will be on more favourable terms. Please note that the new Pre-Action Protocols in respect of judicial review dictate that all correspondence before action be directed to the Judicial Review Management Unit ..."
"The application for leave to appeal is dated 22nd July 2002.
Rule 18(2) of the Immigration and Asylum (Procedure) Rules 2000 requires that an application for leave to appeal should be made, 'Not later than ten days, or in the case of an application made from outside the United Kingdom, twenty-eight days, after the appellant has received written notice of the determination against which he wishes to appeal.'
This application for leave to appeal has been made out of time. Whilst, under the provisions of Rule 18(3) of the rules, the time limit set out in paragraph (2) of Rule 18 may be extended by the Tribunal where it is satisfied that because of special circumstances it is just for the time limit to be extended, but in this case no explanation has been given for the delay in making application and no explanation is apparent from the papers.
Leave is refused."
"Please note that if we do not receive a positive response from you before the 29 November 2002 we will have no option but to issue an application for judicial review of this decision."
"The Tribunal has confirmed its decision to refuse Leave to Appeal for the following reason(s):
No procedural or administrative error is alleged or discussed. Leave to appeal out of time was refused because the representatives received the determination in April 2002 and did nothing about applying for leave until 22 July 2002. No explanation for delay has ever been given."
"(2) An application for leave to appeal shall be made not later than 10 days, or in the case of an application made from outside the United Kingdom, 28 days, after the appellant has received written notice of the determination against which he wishes to appeal.
(3) A time limit set out in paragraph (2) may be extended by the Tribunal where it is satisfied that because of special circumstances, it is just for the time limit to be extended.
(7) Leave to appeal shall be granted only where-
(a) the Tribunal is satisfied that the appeal would have a real prospect of success; or
(b) there is some other compelling reason why the appeal should be heard."