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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> KM (Algeria) v the Secretary of State for the Home Department  EWCA Civ 2662 (26 October 2017)
Cite as:  EWCA Civ 2662
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ON APPEAL FROM THE UPPER TRIBUNAL
(IMMIGRATION AND ASYLUM CHAMBER)
B e f o r e :
THE RIGHT HONOURABLE LORD JUSTICE MOYLAN
|THE SECRETARY OF STATE FOR THE HOME DEPARTMENT||Respondent|
MS AMELIA WALKER (instructed by the Government Legal Department) appeared on behalf of the Respondent
Crown Copyright ©
LORD JUSTICE MOYLAN:
The 2008 Rules
"If a party fails to attend a hearing, the Upper Tribunal may proceed with the hearing if the Upper Tribunal—
(a) is satisfied that the party has been notified of the hearing or that reasonable steps have been taken to notify the party of the hearing; and
(b) considers that it is in the interests of justice to proceed with the hearing."
"(1) The Upper Tribunal may set aside a decision which disposes of proceedings, or part of such a decision, and re-make the decision or the relevant part of it, if—
(a) the Upper Tribunal considers that it is in the interests of justice to do so; and
(b) one or more of the conditions in paragraph (2) are satisfied."
One of the conditions in paragraph 2 is that a party or a party's representative was not present at a hearing.
"It follows that, if the appellate process is to work satisfactorily, the judgment must enable the appellate court to understand why the judge reached his decision. This does not mean that every factor which weighed with the judge in his appraisal of the evidence has to be identified and explained. But the issues the resolution of which were vital to the judge's conclusion should be identified and the manner in which he resolved them explained. It is not possible to provide a template for this process. It need not involve a lengthy judgment. It does require the judge to identify and record those matters which were critical to his decision."