Specialist Immigration Services Ltd v Office of the Immigration Services Commissioner

IMMIGRATION AND ASYLUM ACT 1999

THE IMMIGRATION SERVICES TRIBUNAL

APPEAL NO: IMS/2005/009/RCR

Between:

SPECIALIST IMMIGRATION SERVICES LTD

Appellant

And

THE IMMIGRATION SERVICES COMMISSIONER

Respondent

`

Decision on the appellant’s Rule 9 application to for permission to appeal out of time.

Background

Specialist Immigration Services ltd, the appellant, applied for continued registration to The Immigration Services Commissioner, the respondent, on 29^th April 2004. By Determination dated 18^th April 2005, the respondent informed the appellant that the application had been refused.

By Notice of Appeal, received on 22^nd July 2005, the appellant appealed against the respondent’s decision.

Acknowledgement of appeal [Rule 6] was sent to the appellant and a copy of the notice of appeal was sent to the respondent on the same date.

The notice of appeal included an application for permission to appeal out of time. [Rule 9].

By Rule 9, the respondent is allowed to send to the tribunal a written statement consenting or objecting to the application for permission.

The respondent sent a written statement objecting to the grant of permission to appeal out of time dated 11^th August 2005.

Decision.

I refuse the application for permission to appeal out of time.

Reasons.

The appellant has a level 3 adviser who is expected to know the relevant law and rules. The determination reminded the appellant that there was a right of appeal that should be exercised within 28 days of receipt of the determination [see final page of Determination] and that the right to provide immigration services and advice ceased on the expiry of those 28 days; i.e. on 16^th May 2005. The appellant chose to make no appeal. The appellant states that the respondent led the respondent to believe that a fresh application for registration could be considered which would be dealt with by a different caseworker. The respondent says that this was done instead of lodging an appeal. The appellant does not suggest that the respondent ever said that they should not appeal. An appeal could be launched by simply filling in the appeal form, something that would take less than an hour at the most. I take the view that it was the appellant’s decision not to appeal within the time limited and that there is no good reason to allow the respondent to change their mind and launch a late appeal. In any event, if the new application is refused, the appellant can appeal that refusal.

Seddon Cripps.

15^th August 2005. His Honour Judge Cripps.