![]() |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] [DONATE] | |||||||||
United Kingdom Asylum and Immigration Tribunal |
||||||||||
PLEASE SUPPORT BAILII & FREE ACCESS TO LAW
To maintain its current level of service, BAILII urgently needs the support of its users.
Since you use the site, please consider making a donation to celebrate BAILII's 25 years of providing free access to law. No contribution is too small. If every visitor this month gives just £5, it will have a significant impact on BAILII's ability to continue providing this vital service.
Thank you for your support! | ||||||||||
You are here: BAILII >> Databases >> United Kingdom Asylum and Immigration Tribunal >> HH (Sponsor as representative) Serbia [2006] UKAIT 00063 (11 July 2006) URL: https://www.bailii.org/uk/cases/UKIAT/2006/00063.html Cite as: [2006] UKAIT 63, [2006] UKAIT 00063 |
[New search]
[Context]
[Printable version]
[Help]
HH (Sponsor as representative) Serbia
[2006] UKAIT 00063
ASYLUM AND IMMIGRATION TRIBUNAL
Date of hearing: 11 July 2006
Date Determination notified: 16 August 2006
Before
Mr C M G Ockelton, Deputy President of the Asylum and Immigration Tribunal
Senior Immigration Judge Warr
Senior Immigration Judge Goldstein
Between
HH | APPELLANT |
and | |
ENTRY CLEARANCE OFFICER - SKOPJE | RESPONDENT |
For the Appellant: No representative
For the Respondent: Mr G Saunders, Home Office Presenting Officer
DETERMINATION AND REASONS
1. There is no objection to a sponsor being a representative, as long as he is not acting "in the course of a business". 2. Whether the sponsor is the representative depends on whether there has been notification that he is the representative. 3. When a sponsor is the representative it will normally be proper to allow him to give evidence as well as making submissions (unlike the case where there is a professional representative). 4. Substantial compliance with the requirements of Rule 8 is sufficient to render an appeal valid.
"Material misdirection in law
The Immigration Judge has noted at para 49 that the appellant has not signed the appeal papers nor has a representative. It would appear that they have been signed by the sponsor.
The 2005 Procedure Rules state at 8.3 that the notice of appeal must be signed by the appellant or his representative, and dated.
The 1999 Immigration and Asylum Act at section 84 establishes the requirements for a qualified person to provide immigration advice and services. It is submitted that there was no evidence that the appellant's sponsor was so qualified.
The Immigration Judge has misdirected himself in law by considering the appeal when he should have found there was no valid appeal before him.
In the alternative, if the Immigration Judge has accepted that the sponsor was qualified to act as a representative he has failed to show what, if any evidence he relied on.
The decision of the Immigration Judge is fatally flawed and cannot stand."
Can the Sponsor be a Representative?
"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".
"82(2) In this Part [including s84], references to the provision of immigration advice or immigration services are to the provision of such advice or services are to the provision of such advice or services by a person –
(a) in the United Kingdom (regardless of whether the persons to whom they are provided are in the United Kingdom or elsewhere); and
(b) in the course of a business carried on (whether or not for profit) by him or by another person."
This definition is a limitation on the ambit of the prohibition in s84. It has the effect that a person who acts outside the United Kingdom, or a person who acts other than in the course of a business, is not caught by the prohibition in s84. Such a person is therefore entitled to be a representative.
Is the Sponsor the Representative?
"(4) Where a representative begins to act for a party, he must immediately notify the Tribunal and the other party of that fact.
…
(7) Where a representative ceases to act for a party, the representative and the party must immediately notify the Tribunal and the other party of that fact, and of the name and address of any new representative (if known)."
These provisions have certain consequences, also set out in the Rules. Once a representative has begun to act, documents served on the representative are deemed to be served on the party represented unless and until a change of representative is notified.
"I, the representative, am giving this notice of appeal in accordance with the appellant's instructions and the appellant believes that the facts stated in this notice of appeal are true."
There is also a notice reminding the representative of the provisions of Rule 48(7).
Has the Notice of Appeal been completed validly?
"8(1) The notice of appeal must be in the appropriate prescribed form and must –
(a) state the name and address of the appellant; and
(b) state whether the appellant has authorised a representative to act for him in the appeal and, if so, give the representative's name and address;
(c) set out the grounds for the appeal;
(d) give reasons in support of those grounds;
(e) so far as reasonably practicable, list any documents which the appellant intends to rely upon as evidence in support of the appeal.
(2) The notice of appeal must if reasonably practicable be accompanied by the notice of decision against which the appellant is appealing, or a copy of it.
(3) The notice of appeal must be signed by the appellant or his representative and dated.
(4) If a notice of appeal is signed by the appellant's representative, the representative must certify in the notice of appeal that he has completed it in accordance with the appellant's instructions."
General Points
Decision
C M G OCKELTON
DEPUTY PRESIDENT
Date: