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             I shall refer to the 'appellant' as the 'respondent' and the 'respondent' as the 'appellant', as they appeared respectively before the First-tier Tribunal . The appellant, a citizen of Pakistan, was born on the 22 March 1979. He appealed against a decision of the Respondent dated 30 December 2021 to refuse him leave to remain in the UK. The First-tier Tribunal allowed his appeal. the Secretary of State now appeals, with permission, to the Upper Tribunal.
             The application takes a preliminary point regarding the validity of the grant of permission in the Upper Tribunal. He claims that the renewed application for permission was out of time and, as the application did not contain an explanation and an application to extend time, the Upper Tribunal should not entertain it.
             The facts are similar to those considered by the Court of Appeal on an application for permission to appeal to it in NA (Bangladesh) 2016 EWCA Civ 651 :
Reliance is placed on rule 21(6) of the Tribunal Procedure (Upper Tribunal) Rules 2008 which provides:
i. "If the appellant provides the application to the Upper Tribunal later than the time required by paragraph (3) or by an extension of time allowed under rule 5(3)(a) (power to extend time) -
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