[2024] UKUT 00028 (IAC)

On 7 February 2022, following a request for disclosure by the respondent’s legal representative, a First-tier Tribunal caseworker directed the appellant to ‘submit’ several documents upon which the assertions in the Embassy letter were said to be based. These documents were to be provided by 21 February 2022. They included, inter-alia, correspondence between the British Embassy and the relevant departments in the Albanian government and the Kosovan government, the official Albanian Family Certificate in respect of a person with the same name as the respondent and documentary evidence of the results produced following the checks that had been made. These directions stated that if the appellant was unable to comply she had to provide the First-tier Tribunal with reasons and/or make an application for more time. The appellant did not challenge these directions.

An extension of time application was made on 21 February 2022 as the appellant needed further time to “collate multiple documents which are not available electronically.” Despite time being extended by a further 2 weeks, the appellant failed to provide the documents by 7 March 2022. No explanation was provided for this failure and no further application was made to extend time.

Further directions in the same terms were issued by Assistant Resident Judge Frantzis on 14 April 2022. The directions commenced:

The directions concluded with a sanction for failure to comply:

The appellant did not challenge these directions. The appellant failed to comply with these directions. No explanation was offered for the failure. No application to extend time was made.

On 4 June 2022 a Legal Officer issued the following direction:

The appellant did not challenge this direction or apply for this direction to be amended or set aside.

In a witness statement dated 27 May 2022 the respondent noted the appellant’s failure to comply with the First-tier Tribunal’s directions to provide the evidence supporting the British Embassy letter.

On 25 August 2022 the appellant uploaded onto CCD (the First-tier Tribunal’s case management system) several documents that had been the subject of the earlier directions. The uploading of the documentation was not accompanied by an explanation for their lateness, or by any application to extend time to facilitate their admission, or by an application seeking relief from the sanction applied in the decision of 4 June 2022.

On 21 September 2022 the First-tier Tribunal listed the substantive hearing before Judge of the First-tier Tribunal Jepson (the judge).