SM (Pakistan) v Secretary of State for the Home Department

Permission to appeal may be refused where, on consideration of the papers, the court is clear that the application does not satisfy the applicable requirements. The applicant’s absence, without explanation, does not prevent determination of the application on the papers.

An application for permission to appeal arose from proceedings in the Upper Tribunal (Immigration and Asylum Chamber). The applicant did not appear or have representation, and no reason was given for her absence. Sir Stanley Burnton considered the papers and determined whether the requirements for permission to appeal were satisfied.

Application refused.

1. The applicant’s non-appearance did not prevent the court from considering the application. No explanation for the absence had been provided.
2. Having considered the papers, Sir Stanley Burnton was clear that the application did not satisfy the requirements for permission to appeal. The application was therefore refused.

Order: Application refused.

• Court of Appeal (Civil Division): On 24 February 2016, the application for permission to appeal was refused after consideration of the papers. [2016] EWCA Civ 283
• Upper Tribunal (Immigration and Asylum Chamber): The proceedings originated in that tribunal. The judgment’s citation is not stated.