Rana, R (on the application of) v Immigration Adjudicator

Facts

Mr Ganga Bahadur Rana, a Nepalese national, arrived in the United Kingdom in July 2001 and was refused leave to enter in October 2001. He appealed to an adjudicator, who heard the appeal in May 2002 and rejected his claim, finding after analysing the evidence that the concerns he expressed did not qualify as a claim for asylum. He applied for permission to appeal to the Immigration Appeal Tribunal, and it appeared from the papers that an experienced vice-president refused permission in July 2002, not being satisfied that the appeal had any prospect of success; Mr Rana said he had not heard from the Tribunal, and there was no evidence that any enquiries were made of it. Nothing further happened until 2 September 2003, when he applied for judicial review of the dismissal of his appeal, seeking a review of the adjudicator's decision but nowhere raising a point of law. McCombe J refused permission on the papers on 26 January 2004, holding the application hopelessly out of time, unexplained, and in any event without sensible prospect of success. Mr Rana requested a hearing before a High Court judge but did not attend; Davis J refused permission on 24 February 2004. He appealed to the Court of Appeal, lodging the appeal on 16 March 2004, out of time.