Abandonment of immigration appeals

Tuesday 26 April 2011

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Stephen Knafler QC and Patrick Lewis represented the appellant in PM (Nicaragua) v SSHD (C5/2010/2672).

The issue was whether PM's appeal to the Upper Tribunal and then to the Court of Appeal had been "abandoned" when she travelled from the UK to Nicaragua, on the ground that section 104(4) of the Nationality, Immigration and Asylum Act 2002 applied: "An appeal under section 82(1) brought by a person while he is in the United Kingdom shall be treated as abandoned if the appellant leaves the United Kingdom". Stephen and Patrick argued that "an appeal under section 82(1)" did not include an appeal to the Upper Tribunal or the Court of Appeal, under sections 11 and 13 of the Tribunals, Courts and Enforcement Act 2007 and, in the alternative, that "leaves" means "leaves permanently". Shortly before the hearing the Secretary of State conceded the appeal and in the Statement of Reasons confirmed that she no longer maintained that the Appellant had abandoned her appeal despite the fact that she had left the country. Arrangements will be made for the Appellant to be granted leave to remain in the UK in line with her original application.

Stephen and Patrick were instructed by Stefan Vnuk of Fisher Meredith solicitors.

Stephen Knafler QC and Patrick Lewis are both members of the Garden Court Immigration Team.

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