Akinola & Anor, R. (On the Application Of) v Upper Tribunal & Anor [2021] EWCA Civ 1308 (26 August 2021)

The Court of Appeal has handed down judgment in 3C leave immigration case. On 26 August the Court of Appeal delivered judgment in the case of Akinola, Alam and Abbas vs Upper Tribunal and Secretary of State for the Home Department [2021] EWCA Civ 1308.

The Court of Lord Justice Phillips, Lord Justice Stuart-Smith, and Sir Stephen Richards found that leave under section 3C of the Immigration Act 1971 can be revived from the point at which an 'out of time appeal' is filed. On the condition that the tribunal allowed the appeal to proceed as an 'out of time appeal.' However, none of the Appellants reached the 10-year continuous lawful residence mark to entitle them to Indefinite Leave to Remain.

Ben Keith represented the Secretary of State for the Home department led by Lisa Giovannetti QC.

Ben Keith specialises in complex asylum claims linked to extradition proceedings and Interpol Red Notices and especially those claiming asylum from former soviet states. He sits as a Deputy Judge of the Upper Tribunal (Immigration and Asylum Chamber). He has recently acted in cases involving asylum claims from Ukraine, Russia, Kazakhstan and Turkey as well as judicial review proceedings. A specialist in political cases and those arising from corporate raiding. He is ranked in Chambers and Partners and the Legal 500 for his work in Extradition and International Crime.