OA195622013

This is the Appellant�s appeal against the decision of Judge McGinty made following a hearing at Manchester on 28 th May 2014.

The judge recorded that the appeal had been listed to start at 10 o�clock but, by 12.15pm, there was no appearance by the Appellant or his representatives, who had been served with notice and accordingly he proceeded to hear the appeal in their absence.

He relied on the previous decision of Judge Nicholson made following a hearing on 15 th January 2013 and noted that Judge Nicholson had had serious concerns regarding the inconsistencies in the Sponsor�s evidence. He did not accept either that the Appellant and Sponsor were in contact to the extent claimed nor did he accept the Sponsor�s account of the Appellant�s living conditions in Khartoum. Furthermore he was not satisfied that the Appellant could be maintained adequately in the UK.

The Appellant sought permission to appeal on the grounds that neither he nor his representatives had received the notice of hearing. He accepted that notice of hearing was sent to Sheffield Law Centre but relied on an email from the supervising solicitor there which confirms that the Law Centre did not receive any notification of the hearing.

The Sponsor was also served with notice but it was returned marked �not known at this address� although in fact the Sponsor was living there. There was therefore a good reason for the Sponsor�s and his representatives� absence albeit unknown to the judge.