Newham African Organsation v Office of the Immigration Services Commissioner

IMMIGRATION AND ASYLUM ACT 1999

THE IMMIGRATION SERVICES TRIBUNAL

APPEAL NO: IMS/2006/003/RTR

Between:

NEWHAM AFRICAN ORGANISATION

Appellant

And

THE IMMIGRATION SERVICES COMMISSIONER

Respondent

`

Decision on validity of Notice of Appeal.

Background

Newham African Organisation, the appellant, is small with Ernest James Ngombuwa Williams as its only adviser. It was granted exemption by the Immigration Services Commissioner, the respondent, by letter dated 4^th March 2002. On 17^th august 2005, the appellant’s exemption was withdrawn. The appellant appealed that decision by notice of appeal dated 7^th September 2005. By letter dated 28^th September 2005, the appellant withdrew its appeal. The appellant decide to apply for registration which it did by application received by the respondent on 3^rd October 2005.

By Decision letter dated 16^th February 2006, the respondent informed the appellant that the application had been refused.

By Notice of Appeal, received on 3^rd April 2006, 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 does not include an application for permission to appeal out of time. [Rule 9]. [See paragraph 7 of the notice of appeal].

It is out of time and therefore invalid and of no effect.

Seddon Cripps.

9^th April 2006. His Honour Judge Cripps.