The Judicial Review hearing was held on 22nd January 2016 in relation to review a decision made by First-tier Tribunal Judge Cruthers, which was sent on 17th March 2015 to the both parties allowing to extend time to apply for permission to appeal to the Upper Tribunal against a decision of First-tier Tribunal Judge Canavan.
The decision of Judge Canavan’s allowing the applicant’s appeal was made on 15th January 2015, and the permitted to appeal against this decision within 14-day timeframe pursuant r.33 of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chambers) Rule 2014. However, the Secretary of State applied for permission to appeal against the decision dated (15th January 2015) on 25th February 2015, which is significantly beyond 14 days permitted timeframe.
In assessing whether the permission to extend time for appeal should be granted, a Judge should consider an application in three stages as commended by Secretary of State for the Home Office Department v SS (Cong) & Others  EWCA Civ 387 taking into account the learning from Mitchell, Denton and Hysaj:
However, Judge Cruthers’ decision to allow time extension of the appeal was expressed in two inconsistent sentences, which are read as follow:
‘the application for permission to appeal is out of time (by about 25 days). But having regard to the interests of justice, I have decided to admit the application’
After analysing the above mentioned rules and precedents, the decision of Judge Cruthers’ is unexplained and unreasoned and cannot be determined whether required three stages process was undertaken. For this reason, Upper Tribunal Judge O’connor quashed the Judge’s decision to extend time for the SoS to apply for permission to appeal to the UT.
Both the First-tier Tribunal and the Upper Tribunal have to apply three stages in deciding whether to grant a permission to exercise discretion to extend time as commended by the Court of Appeal in Mitchel v News Group Newspapers Ltd  EWCA Civ 1537; Denton v White  EWCA Civ 906 and R (Hysaj v Secretary of State for the Home Department  EWCA Civ 1663.
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