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Rama, R (on the application of) v Immigration Appeal Tribunal & Anor

[2004] EWCA Civ 353

C4/2003/1664(A)
Neutral Citation Number: [2004] EWCA Civ 353
IN THE SUPREME COURT OF JUDICATURE
IN THE COURT OF APPEAL (CIVIL DIVISION)

ON APPEAL FROM THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

ADMINISTRATIVE COURT

(MR JUSTICE ELIAS)

Royal Courts of Justice

Strand

London, WC2

Monday, 15th March 2004

B E F O R E:

LORD JUSTICE BROOKE

VICE-PRESIDENT OF THE COURT OF APPEAL, CIVIL DIVISION

THE QUEEN ON THE APPLICATION OF PUJA RAMA

Claimant/Appellant

-v-

IMMIGRATION APPEAL TRIBUNAL

Defendant/Respondent

SECRETARY OF STATE FOR THE HOME DEPARTMENT

Interested Party

(Computer-Aided Transcript of the Palantype Notes of

Smith Bernal Wordwave Limited

190 Fleet Street, London EC4A 2AG

Tel No: 020 7404 1400 Fax No: 020 7831 8838

Official Shorthand Writers to the Court)

The Appellant did not appear and was not represented

The Respondent did not appear and was not represented

J U D G M E N T

1. LORD JUSTICE BROOKE: This is an application for permission to apply for judicial review of a decision of the Immigration Appeal Tribunal which refused permission to appeal from the determination of an adjudicator. It was dismissed because the appellant did not comply with an order of Master Gladwell, but she then applied for her application to be reinstated.

2. I received this morning a letter from the appellant asking for the matter to be adjourned. The documents that she sent with the papers could not be read and in these circumstances I consider that it would be wrong to adjourn the matter, particularly as she did not attend when she asked for an oral hearing before the High Court judge.

3. It is another case in which an adjudicator did not accept the appellant's case. There is a risk that she may face trial when she returns to Nepal, but the adjudicator did not believe many of the matters that the appellant told her. In those circumstances, the Immigration Appeal Tribunal were unable to identify any point of law to justify an appeal and the High Court judges in turn could see no point of law to justify judicial review.

4. So far as the appeal to this court is concerned, the appellant's notice of appeal is in very vague terms. I can see no point of law here to justify an appeal to this court. Both the present case and the case of Gurung, which I have just heard, are in my judgment totally without merit.

5. I therefore dismiss the application in Rama.

ORDER: Application to reinstate the application for permission to appeal refused.

(Order not part of approved judgment)

Rama, R (on the application of) v Immigration Appeal Tribunal & Anor

[2004] EWCA Civ 353

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