MR (India) v Secretary of State for the Home Department

[2015] EWCA Civ 862

Summary

An application may be dismissed where the appellant fails to attend the hearing after being notified of its time and the court has waited for her. The court may also review the papers and conclude provisionally that the application does not justify permission to appeal.

Factual background

MR (India) applied for permission to appeal from a decision of the Upper Tribunal (Immigration and Asylum Chamber). She failed to attend the Court of Appeal hearing, although the court had emailed her the hearing time and waited for her. Lady Justice Arden reviewed the papers and provisionally considered that permission to appeal could not be granted. The central issue was whether the application should be dismissed in the appellant’s absence.

Held

The application was dismissed.

  1. The appellant failed to appear at the time fixed for the hearing. The court had sent emails notifying her of the hearing time and had waited for her.
  2. In those circumstances, the court dismissed the application.
  3. Lady Justice Arden had also perused the papers and formed the provisional view that the application was not one in which permission to appeal could be granted.

The court’s approach to earlier authorities

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Appellate history

  1. Court of Appeal (Civil Division): On 8 July 2015, Lady Justice Arden dismissed the application after the appellant failed to attend the hearing. The judgment records that the application arose from the Upper Tribunal (Immigration and Asylum Chamber), but gives no citation or further details of that decision.

Appeal route

  1. Appealed fromNot stated in the judgmentThis appealapplication dismissed
  2. This judgment [2015] EWCA Civ 862 Court of Appeal (Civil Division)

Key cases cited

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Cases citing this case

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