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Analysis of immigration, asylum and public law developments, tribunal decisions, judicial review proceedings and matters of wider public interest. Articles are written by Adam Tear to explain significant legal developments in clear and accessible terms.

SIAC, late appeals and inappropriate ones

8/12/2019

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The Commission have released a new and updated practice direction in relation to what has been identified as "​increasing numbers of late appeals and improperly instituted appeals."

Paragraph 16 sets out what it expects from the Appellants representatives, which includes "It is the responsibility of appellants’ representatives to fill in the notice of appeal accurately and completely. This includes accurately recording the date of service of the notice of the decision which is challenged (by reference, where appropriate, to any applicable rules about service), and calculating when the time for lodging the appeal expired. Those exercises must be done in accordance with the Rules (see 9, 11, 10 and 13, above). It is not acceptable for appellants’ representatives to leave this work to the Commission or to GLD." and not leaving boxes blank. 

Paragraph 26 onwards makes clear that the Commission expect a legal representative to have the authority of the Appellant to file an appeal and completed it in accordance with their instructions. 

These directions which appear to be stating the obvious appear to be a start towards placing further hurdles in the way particularly of solicitors in these matters. 

If you need help with your appeal see the page here

Adam Tear is a solicitor advocate practising in public law, civil litigation, contempt of court and judicial review matters. He regularly appears in the High Court and Court of Appeal in complex and high-profile cases.

For advice regarding contempt proceedings, committal applications, judicial review, or appellate litigation, please contact Adam Tear on 020 3972 9011 or by email at [email protected].

Categories: Contempt of Court, Civil Litigation, Court of Appeal, Advocacy

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    Adam is a solicitor advocate, and regularly appears in the High Court and Court of Appeal dealing with some of the most complex and interesting cases.

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