OI (Notice of decision: time calculations) Nigeria  UKAIT 00042
ASYLUM AND IMMIGRATION TRIBUNAL
Date of hearing:
Date Determination notified: 10 May 2006
Immigration Judge Peart
|ENTRY CLEARANCE OFFICER, LAGOS||RESPONDENT|
DETERMINATION AND REASONS
Service of notices of immigration decisions is governed by the Notices Regulations (SI 2003/658). The requirements of service by post need to be followed for service by post to be effective; and the deemed times in those Regulations are of importance in calculating the time for appealing. Similarly, the time for appealing itself is as set out in the Tribunal's Procedure Rules even if there is other or misleading information in the Notice of Decision. If the officer making the decision chooses not to date it or to indicate the method of service, the Appellant's statements on those issues may well be unchallengeable.
"You have applied for entry clearance to enable you to study in the UK and have completed an additional questionnaire to assist your application. I have carefully considered your application on the basis of your passport, application form, supplementary questionnaire and the papers you have provided. You have declared that the information you have given is complete and true to the best of your knowledge."
"I therefore refuse your application.
Entry Clearance Officer: I M-W Date of Refusal "
"TIME LIMIT FOR APPEALING
The completed appeal form should arrive not later than 28 days after the date of this notice. The completed appeal form must be signed and dated."
"A notice (of which this is a copy) was handed to me at The British Deputy High Commission, Lagos
The contents have been translated to me in English
Applicants' Signature: _________________ Date: __________________"
"The deadline to appeal is 28 calendar days from the date you were served with the decision. Your appeal must be received by the Visa Section or the Tribunal by the end of this period. In accordance with the Asylum and Immigration Tribunal (Procedure) Rules 2005, you must not send your appeal to both locations.
If you know your appeal is late, or if you are not sure your appeal will be received by the deadline date, you must apply for an extension of time, and give your reasons for failing to submit your appeal in time, in the box."
"I am applying for extension because in Nigeria, visa application are sent to the embassy and return by the embassy through post. The date of refusal was 02/02/2006 but the forms got back to me on the 13/02/2006. I finally sent my appeal on the 15/02/2006."
"Service of notice
7(1) A notice required to be given under regulation 4 [that is, a notice of an appealable immigration decision] may be –
(a) given by hand;
(b) sent by fax;
(c) sent by postal service in which delivery or receipt is recorded to –
[the applicant's nominated or last known address]
(4) Where a notice is sent by post in accordance with paragraph (1)(c) it shall be deemed to have been served, unless the contrary is proved, -
(b) on the twenty-eighth day after it was posted if it is sent to a place outside the United Kingdom.
(5) For the purposes of paragraph (4) the period is to be calculated –
(a) excluding the day on which the notice is posted … ."
"Giving notice of appeal
6(1) An appeal to the Tribunal may only be instituted by giving notice of appeal against a relevant decision in accordance with these Rules.
(2) Subject to paragraphs (3) and (4), notice of appeal must be given by filing it with the Tribunal in accordance with rule 55(1) [which sets out the procedures for service on the Tribunal].
(4) A person who is outside the United Kingdom and wishes to appeal against a decision of an entry clearance officer may give notice of appeal either -
(a) in accordance with paragraph (2); or
(b) by serving it on the entry clearance officer."
C M G OCKELTON