R (on the application of Kimondo) v Secretary of State for the Home Department

Immigration – Practice. Following the transfer of proceedings from the Administrative Court to the Upper Tribunal (Immigration and Asylum Chamber), the present case concerned the determination of preliminary issues concerning the defendant Secretary of State's failure to serve an acknowledgement of service (AOS). The tribunal held that, in judicial review cases transferred from the Administrative Court to the tribunal, the applicable procedural regime was that contained in the Tribunal Procedure (Upper Tribunal) Rules 2008, SI 2008/2698. Further, the discretionary sanction enshrined in r 29(3) of the Rules extended to cases where the AOS had been lodged with the tribunal, but had not been served on the claimant.

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