Immigration Law & Conveyancing

Case for unrepresented appellants – need for the chance for a fair hearing

judge

 

R (on the application of Saboun) v Secretary of State for the Home Department IJR (2015) UKUT 269 (IAC)

Summary

This is an Upper Tribunal Judicial Review determination. It was decided that in an earlier hearing of the claimant’s appeal the Immigration Judge did not make sure that the claimant , who was a litigant in person (meaning a person with no representative) properly understood the case against her or had an opportunituy to deal with those matters in the hearing. The original Reasons for Refusal letter was not put to her in the hearing.

What does it mean for you ?

Whilst this case was fact specific, and was particularly important as it was an asylum claim so also dealt with protection issues, it is worth knowing about. It may be a case that is useful to you if you find yourself in this position.

 

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Haq Solicitors are solicitors of England and Wales authorised and regulated by the Solicitors Regulation Authority SRA No. 438620 and governed by the SRA Standards and Regulations. Details can be found at www.sra.org.uk . Partners M.T. Haq LLM & A.T. Haq LLB (Hons).

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