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FP Iran V. Secretary of State for the Home Department - Assignment Example

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In the following paper “FP Iran V. Secretary of State for the Home Department,” the author provides a critical assessment of the significance of the case of FP (Iran) V. Secretary of State for the Home Department in the development of Administrative Law…
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FP Iran V. Secretary of State for the Home Department
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Download file to see previous pages Prior to discussing the importance of the present case in the development of Administrative Law, it is important to understand the facts of the case. The brief facts of the case, FP (Iran) V. Secretary of State for the Home Department (2007), is that the Appellant, an asylum seeker, had initially filed an appeal, through counsel, against the Home Office’s rejection of her claim for asylum, before the Asylum and Immigration Tribunal (henceforth referred to as AIT). The AIT held that the said appeal was not valid giving error of law as the reason for its decision. A rehearing was fixed and a notice of the same was sent to the last known address of the Appellant. However, the Appellant having shifted residence did not get the notice and was not present during the hearing. From the perusal of the judgment, it is apparent that the Appellant had informed her solicitors of this change and they had, in turn, informed the Home Office. However, neither the appellant nor her solicitors had informed the AIT. The Judge on finding the Appellant absent went on to hear the appeal on the premise that the notice had indeed been properly served as per the rules. The appeal was dismissed on the grounds that there was a discrepancy in the evidence presented by the Appellant, which has not been clarified. The Judge further held that the absence of the Appellant for the rehearing showed a lack of interest in the case and hence could not be upheld. The main question that the Judges in this present case faced was whether the Appellant can be held responsible for the actions or inactions of his or her lawyers. In this case, the Appellant had to pay the price for her lawyer’s failure to inform the Asylum and Immigration Tribunal about the change of address. ...Download file to see next pagesRead More
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