Case No: C5/2007/2102
Neutral Citation Number: [2007] EWCA Civ 1547
IN THE SUPREME COURT OF JUDICATURE
COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE ASYLUM AND IMMIGRATION TRIBUNAL 
[AIT No: IM/25424/2005]
Royal Courts of Justice
Strand, London, WC2A 2LL

Date: Wednesday, 5th December 2007

Before:

LORD JUSTICE CARNWATH
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Between:

	SI (BANGLADESH)
	Appellant	
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THE SECRETARY OF STATE FOR THE HOME DEPARTMENT	
Respondent	

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The Appellant was represented by Mr A Alam, brother-in-law of his Sponsor.

Mr M Chamberlain (instructed by Treasury  Solicitor) appeared on behalf of the Respondent.
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Judgment

Lord Justice Carnwath:

1.	This an application for permission to appeal against a decision of the Asylum and Immigration Tribunal dated 12 December 2006.  That was on a reconsideration of a decision made by Immigration Judge Ritson in January 2006.  
2.	What is at issue is an application for entry clearance by the appellant who wants to come here to work, he says, as a cleaner in the restaurant of the sponsor, Mr Miah.  The appeal to this court was substantially delayed for reasons which are explained in the grounds of appeal.  However, this morning, Mr Chamberlain for the Secretary of State has accepted that permission to appeal should be granted and indeed the appeal should be allowed.  The grounds upon which that concession is made, which seems to me entirely right, is that the immigration judge took, of his own motion it seems, a new point about a discrepancy in the application as to the nature of the job which was intended and he relied on that from his decision without giving the appellant a chance to comment on it.  That was procedurally unfair, but the Asylum and Immigration Tribunal in December failed to take that point, which they should have and it is conceded therefore that the decision must be set aside.  
3.	That being the agreed position I do not need to look into any of the other grounds and I also am willing to grant the necessary extension of time.   There is no agreement as to what should happen next.  Mr Chamberlain says that since the applicant’s work permit has now run out he would have to get a new work permit and re-apply.  Mr Alam, who has appeared here today as the brother-in-law of the sponsor, says that he does not agree that that is the right course.  It has not been possible today to sort that out in the absence of agreement.  I understand that Mr Miah himself is returning to the country at the end of the week and so I suggest that the parties attempt to agree how things should be dealt with.  Failing that, the matter will have to go back to the Asylum and Immigration Tribunal to sort it out.
4.	So I will simply grant permission, grant an extension of time, allow the appeal on the grounds I have indicated and in default of agreement remit the matter to the Asylum and Immigration Tribunal.

Order: Application granted