United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: IA/07820/2013

 

 

THE IMMIGRATION ACTS

 

 

Heard at Field House	Decision and Reasons Promulgated
On 12 May 2015	On 14 May 2015

 

Before

 

Mr CMG OCKELTON, VICE PRESIDENT

UPPER TRIBUNAL JUDGE JORDAN

 

 

Between

 

Jodian Walker

Appellant

and

 

The Secretary Of State For The Home Department

Respondent

 

 

Representation :

For the appellant: No appearance

For the respondent: Mr T. Wilding, Home Office Presenting Officer

 

 

DETERMINATION AND REASONS

1.              This appeal, i n light of the decisions in AS (Afghanistan) v SSHD [2013] EWCA Civ 1469 and Patel & others v SSHD [2013] UKSC 72, raised issues in relation reliance upon paragraph 298 of the Immigration Rules by way of supplemental grounds in a s. 120 notice in the case of a minor who had reached her majority in the course of the proceedings.

2.              I made directions on 7 October 2014 that the appellant must file and serve by 4 November 2014 detailed submissions as to the nature and effect of raising paragraph 298 in her statement of grounds served pursuant to s. 120 of the Nationality, Immigration and Asylum Act, 2002. (The respondent was to file and serve sequential detailed submissions by way of response.)

3.              The appellant failed to comply with the directions in time or at all.

4.              The appellant’s representatives took it upon themselves to assure the respondent that they would serve a belated submission by 19 January 2015. They failed to do so.

5.              The appellant’s representatives notified the Tribunal and the respondent on 8 May 2015 that they were without instructions. (The panel was not aware of this at the hearing on 12 May 2015 until notified of the fact by Mr Wilding.)

6.              Neither the appellant nor her representatives attended on 12 May 2015. We are satisfied that the appellant was properly served with a notice of hearing on 20 April 2015 by first class post at the address provided by her to the Tribunal.

7.              The appellant did not pursue her appeal to the Tribunal.

DECISION

The Judge made no error on a point of law and the original determination of the appeal shall stand.

 

 

 

ANDREW JORDAN

JUDGE OF THE UPPER TRIBUNAL

13 May 2015