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Undaunted by this the appellant appealed in-country and his appeal came before the First-tier Tribunal on 3 September 2015. The appellant was represented by Mr Biggs on that occasion.
Mr Biggs applied for an adjournment of the hearing before the First-tier Tribunal on the basis that he had been served a respondent's bundle on the day of the hearing and a jurisdictional issue had been raised by the respondent.
The Presenting Officer before the First-tier Tribunal raised no objection to the adjournment request.
The First-tier Judge found that in respect of the bundle of documents served on the day of the hearing the appellant had an out of country appeal referring to Mehmood and Ali v Secretary of State [2015] EWCA Civ 744 and that there was no jurisdiction to determine the appeal against the removal decision.
The judge returned and refused the application on the jurisdictional issue. Counsel then invited the judge to hear him in full on the question of jurisdiction. The question of jurisdiction had been outlined during the course of the application for the adjournment. This request was refused.
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