Mohammad Akhlaqur Rahman v Registrar of Approved Driving Instructors

This appeal was an appeal against a decision of the Respondent dated 12 March 2026, to refuse the Appellant’s application for a third trainee driving instruction licence, having taken account of the Appellant’s written representations in a letter received by the Respondent on 13 February 2026.

On 11 May 2026, the Respondent made application, copied to the Appellant, that this appeal be struck out pursuant to Rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (‘the Rules’) as having no reasonable prospects of success, since the Appellant was no longer eligible to book a further Part 3 test, more than two years having elapsed since he had passed his Part 1 test on 29 February 2024, pursuant to Regulation 3(4)(c) of the Motor Cars (Driving Instruction) Regulations 2005 (‘the Regulations’) and, therefore, a trainee licence should no longer be required by the Appellant.

In Case Management Directions dated 4 June 2026, issued by the Tribunal’s Legal Officer, the Appellant was reminded of the position advised by the Respondent and that the Tribunal was considering striking out his appeal, pursuant to the said Rule 8(3)(c) of the Rules, but inviting him, pursuant to Rule 8(4) of the Rules to make representations by 19 June 2026 as to why his appeal should not be struck out or to confirm that he wished to withdraw his appeal.

By way of email dated 11 June 2026, the Appellant asked that his appeal not be struck out but accepted that he was no longer eligible to book a further Part 3 test and accepted the limitations imposed on the Tribunal by statute but considered he should be allowed a final attempt to pass his Part 3 test, considering the time, effort and money expended by him.

The Tribunal cannot override the imperatives of statute enacted by Parliament.

Based on the representations of the Respondent and the Appellant, and the terms of the law, I grant the Respondent’s application in all the circumstances without further direction and strike out this appeal, pursuant to Rule 8(3)(c) of the Rules as having no reasonable prospects of success.