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There is no right of appeal to the Upper Tribunal against a decision not to extend time under rule 10 of the First-tier Tribunal Procedure Rules when a notice of appeal has been given out of time.� It is a �preliminary decision made in relation to an appeal� within Art 3(m) of the Appeals (Excluded Decisions) Order 2009 (as amended) and consequently is an �excluded decision� for the purposes of s.11 of the Tribunals, Courts and Enforcement Act 2007.�
The parties are entitled to know the judge who makes a decision in an appeal.� In the case of an appeal determined without a hearing that means that the determination or decision must identify the judge.� The absence of the Duty Judge�s name identifying the decision-maker of the decision not to extend time resulted in a fundamental breach of justice which vitiated the decision.
In their letter of 25 May 2010, Ruth O�Neill points out that Asylum Justice is staffed by volunteers. They operate open sessions only on Tuesdays and Saturdays each week.� Asylum Justice was closed on Tuesday 11 May 2010 due to a shortage of volunteers and, it is noted, it is perfectly plausible that as a result the appellant was delayed until Saturday 15 May when there was the next open session. �
The letter concludes that the delay in lodging the notice �was not in the most part� that of the appellant.
The decision which is the subject of this appeal is set out in a document headed �Decision on Preliminary Issue � Timeliness� as follows:
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