25th May 2011

Facts

The court had no jurisdiction to extend the time limit in the Immigration, Asylum and Nationality Act 2006 s.17(4) for the bringing of an appeal against a civil penalty. An appeal brought outside the time limit could not, therefore, be effective. Although the case was disposed of by way of refusal of permission, the Court of Appeal did so on the basis that turns on an issue of jurisdiction, which could have implications in other such cases. Accordingly the Court of Appeal authorised that the judgments in this case may be cited as authority in accordance with the practice direction, notwithstanding that they have been given in the course of a permission hearing.


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