OA131292013

The Entry Clearance Officer now appeals to this Tribunal, with permission. The application for permission was submitted, months out of time, on 4 September 2014. Judge Shimmin, a Judge of the First-tier Tribunal, decided that time should be extended, and granted permission to appeal. In response to that grant, the claimant submitted a notice under Rule 24. That notice purports to reserve the claimant�s position in relation to the decision to extend time.

In those circumstances we are content to find that Judge Gillespie erred in law as asserted in the Entry Clearance Officer�s grounds. We set aside his determination and substitute a determination dismissing the claimant�s appeal.

�Given that there may have been an interaction between increased First-tier listings and Home Office deployment I am persuaded that the lateness of the application is not fatal and that it should be admitted, it being in the interest of justice that it should be�.

Having said that we accept that the grounds in the present case were exceptionally strong. Although the strength of grounds cannot by itself be a reason for extending time, where some acceptable excuse for the delay is provided, the strength of the grounds may help to outweigh the weakness of the excuse see BO (Nigeria) [2006] UKAIT 00035 .