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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
is he really informed Home Office and tribunal that he is my representing me ? can I trust him ?peppekalle wrote:What decision do you want to come to?Your solicitor informed the tribunal during the hearing he is representing you.
Search the Rules and legislation.meet2mustafiz wrote: Do you think Tribunal followed the right procedure ??
Thank you very very much for relevant case history,if know more case on similar issue pls share.vinny wrote:See also IA/49819/2013.
Thanks for your information.I sincerely appreciate your help .Obie wrote:It is a simple issue that can get sorted in few days.
The Solicitor write to the tribunal informing them that the decision has not been served.
A copy is send and an appeal is lodged.
An application is made to file an appeal out of time, stating that it was not served or properly served.
As simple as that.
This is not the forum's job or the moderators job, it is the job of your representatives to sort .
It is, in my view, one of the basic task of a competent representative.
You gave me many important information.You must understand my mental condition.I won't asked anymore,Just tell me one final information pleaseObie wrote:I don't think your solicitor is trying to buy time, if that is what he is doing, he is going about it the wrong way.
There is no section 3C rights, because the tribunal is of the view that the decision has been properly served.
Section 3C can only be reinstated again, if it can be established that the decision was wrongly served.
If it was not then you no longer have a section 3C, unless an extension of time is granted.
thanks for your time and adviceObie wrote:Section 3C will be reinstated if a late notice is accepted and extension of time is granted. Otherwise it will not.
You need to speak to and discuss with your solicitor about this.
These are technical and highly complex matter that one cannot explain to you on the forum
thanks for your time and adviceObie wrote:Section 3C will be reinstated if a late notice is accepted and extension of time is granted. Otherwise it will not.
You need to speak to and discuss with your solicitor about this.
These are technical and highly complex matter that one cannot explain to you on the forum
Please check what I got today on The Asylum and Immigration Tribunal's rules and legislation (https://www.gov.uk/government/uploads/s ... -rules.pdf)....Obie wrote:Section 3C will be reinstated if a late notice is accepted and extension of time is granted. Otherwise it will not.
You need to speak to and discuss with your solicitor about this.
These are technical and highly complex matter that one cannot explain to you on the forum
Obie wrote:Vinny, i think it was Rule 48 of the 2005 of the Asylum and Immigration procedural rule 2005 that was repealled by the 2014 Rule, which you correctly cited.
The 2009 Procedural rule you mentioned is still in operation, save for minor amendments. It applies to the Regulatory Chamber, and not the Immigration Tribunal.
Rule 48 is in similar term to the now rule 10, Save for the fact that with the current rule a person can notify the tribunal at the hearing or in letter.
I believe that the OP's solicitor or representative did not comply with their duties with rule 48 that was then in force.
[b]Representatives ( Current Provision)[/b] wrote: 10.
—(1) A party may be represented by any person not prohibited from representing by section84 of the 1999 Act.
(2)Where a party is or has been represented by a person prohibited from representing by section84 of the 1999 Act, that does not of itself render void the proceedings or any step taken in the proceedings.
(3)If a party appoints a representative, that party (or the representative if the representative is a qualified representative) must send or deliver to the Tribunal written notice of the representative’s name and address, which may be done at a hearing.
(4)Anything permitted or required to be done by a party under these Rules, a practice direction or
a direction may be done by the representative of that party, except signing a witness statement.
(5)A person who receives notice of the appointment of a representative—
(a)must provide to the representative any document which is required to be provided to the
represented party, and need not provide that document to the represented party; and
(b)may assume that the representative is and remains authorised as such until they receive
written notification that this is not so from the representative or the represented party.
(6)As from the date on which a person has notified the Tribunal that they are acting as the
representative of an appellant and has given an address for service, if any document is provided to
the appellant a copy must also at the same time be provided to the appellant’s representative.
Suffice to say that rule 48(7) of the rules in place at the time of your appeal was not complied with.[b]48 Representation (Old Provision)[/b] wrote: (1) An appellant or applicant for bail may act in person or be represented by any person not prohibited from representing him by
section 84 of the Immigration and Asylum Act 1999.
(2) A respondent to an appeal, the Secretary of State or the United Kingdom Representative may be represented by any person authorised to act on his behalf.
(3) If a party to whom paragraph (1) applies is represented by a person not permitted by that paragraph to represent him, any
determination given or other step taken by the Tribunal in the proceedings shall nevertheless be valid.
(4) Where a representative begins to act for a party, he must immediately notify the Tribunal and the other party of that fact.
[(4A) Where a notice of appeal, or an application for bail under rule 38, is signed by a representative, the representative will be deemed to have notified the Tribunal and the other party that he is acting for a party in accordance with paragraph (4).
(4B) Where a notice of appeal, or an application for bail under rule 38, is not signed by a representative, the
representative must file a separate notice with the Tribunal and serve it on the other party to comply with his
obligations under paragraph (4).]
(5) Where a representative is acting for a party, he may on behalf of that party do anything that these Rules require or permit that party to do.
(6) Where a representative is acting for an appellant, the appellant is under a duty—
(a) to maintain contact with his representative until the appeal is
finally determined; and
(b) to notify the representative of any change of address.
(7) Where a representative ceases to act for a party, the
representative and the party must immediately notify the Tribunal and
the other party [in writing] of that fact, and of the name and address of any new representative (if known).
(8) Notification under paragraph (4) . . .—
(a) [where a representative is appointed to act for a party on the day of a hearing,] may be given orally at [that] hearing to the Tribunal and to any other party present at that hearing; but
(b) must otherwise be given in writing.
(9) Until the Tribunal is notified that a representative has ceased to act for a party, any document served on
that representative shall be deemed to be properly served on the party he was representing.
Dear ObieObie wrote:[b]Representatives ( Current Provision)[/b] wrote: 10.
—(1) A party may be represented by any person not prohibited from representing by section84 of the 1999 Act.
(2)Where a party is or has been represented by a person prohibited from representing by section84 of the 1999 Act, that does not of itself render void the proceedings or any step taken in the proceedings.
(3)If a party appoints a representative, that party (or the representative if the representative is a qualified representative) must send or deliver to the Tribunal written notice of the representative’s name and address, which may be done at a hearing.
(4)Anything permitted or required to be done by a party under these Rules, a practice direction or
a direction may be done by the representative of that party, except signing a witness statement.
(5)A person who receives notice of the appointment of a representative—
(a)must provide to the representative any document which is required to be provided to the
represented party, and need not provide that document to the represented party; and
(b)may assume that the representative is and remains authorised as such until they receive
written notification that this is not so from the representative or the represented party.
(6)As from the date on which a person has notified the Tribunal that they are acting as the
representative of an appellant and has given an address for service, if any document is provided to
the appellant a copy must also at the same time be provided to the appellant’s representative.Suffice to say that rule 48(7) of the rules in place at the time of your appeal was not complied with.[b]48 Representation (Old Provision)[/b] wrote: (1) An appellant or applicant for bail may act in person or be represented by any person not prohibited from representing him by
section 84 of the Immigration and Asylum Act 1999.
(2) A respondent to an appeal, the Secretary of State or the United Kingdom Representative may be represented by any person authorised to act on his behalf.
(3) If a party to whom paragraph (1) applies is represented by a person not permitted by that paragraph to represent him, any
determination given or other step taken by the Tribunal in the proceedings shall nevertheless be valid.
(4) Where a representative begins to act for a party, he must immediately notify the Tribunal and the other party of that fact.
[(4A) Where a notice of appeal, or an application for bail under rule 38, is signed by a representative, the representative will be deemed to have notified the Tribunal and the other party that he is acting for a party in accordance with paragraph (4).
(4B) Where a notice of appeal, or an application for bail under rule 38, is not signed by a representative, the
representative must file a separate notice with the Tribunal and serve it on the other party to comply with his
obligations under paragraph (4).]
(5) Where a representative is acting for a party, he may on behalf of that party do anything that these Rules require or permit that party to do.
(6) Where a representative is acting for an appellant, the appellant is under a duty—
(a) to maintain contact with his representative until the appeal is
finally determined; and
(b) to notify the representative of any change of address.
(7) Where a representative ceases to act for a party, the
representative and the party must immediately notify the Tribunal and
the other party [in writing] of that fact, and of the name and address of any new representative (if known).
(8) Notification under paragraph (4) . . .—
(a) [where a representative is appointed to act for a party on the day of a hearing,] may be given orally at [that] hearing to the Tribunal and to any other party present at that hearing; but
(b) must otherwise be given in writing.
(9) Until the Tribunal is notified that a representative has ceased to act for a party, any document served on
that representative shall be deemed to be properly served on the party he was representing.
The Tribunal are clearly in the right here.