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Dear ObieObie wrote:[b]Representatives ( Current Provision)[/b] wrote: 10.
—(1) A party may be represented by any person not prohibited from representing by section84 of the 1999 Act.
(2)Where a party is or has been represented by a person prohibited from representing by section84 of the 1999 Act, that does not of itself render void the proceedings or any step taken in the proceedings.
(3)If a party appoints a representative, that party (or the representative if the representative is a qualified representative) must send or deliver to the Tribunal written notice of the representative’s name and address, which may be done at a hearing.
(4)Anything permitted or required to be done by a party under these Rules, a practice direction or
a direction may be done by the representative of that party, except signing a witness statement.
(5)A person who receives notice of the appointment of a representative—
(a)must provide to the representative any document which is required to be provided to the
represented party, and need not provide that document to the represented party; and
(b)may assume that the representative is and remains authorised as such until they receive
written notification that this is not so from the representative or the represented party.
(6)As from the date on which a person has notified the Tribunal that they are acting as the
representative of an appellant and has given an address for service, if any document is provided to
the appellant a copy must also at the same time be provided to the appellant’s representative.Suffice to say that rule 48(7) of the rules in place at the time of your appeal was not complied with.[b]48 Representation (Old Provision)[/b] wrote: (1) An appellant or applicant for bail may act in person or be represented by any person not prohibited from representing him by
section 84 of the Immigration and Asylum Act 1999.
(2) A respondent to an appeal, the Secretary of State or the United Kingdom Representative may be represented by any person authorised to act on his behalf.
(3) If a party to whom paragraph (1) applies is represented by a person not permitted by that paragraph to represent him, any
determination given or other step taken by the Tribunal in the proceedings shall nevertheless be valid.
(4) Where a representative begins to act for a party, he must immediately notify the Tribunal and the other party of that fact.
[(4A) Where a notice of appeal, or an application for bail under rule 38, is signed by a representative, the representative will be deemed to have notified the Tribunal and the other party that he is acting for a party in accordance with paragraph (4).
(4B) Where a notice of appeal, or an application for bail under rule 38, is not signed by a representative, the
representative must file a separate notice with the Tribunal and serve it on the other party to comply with his
obligations under paragraph (4).]
(5) Where a representative is acting for a party, he may on behalf of that party do anything that these Rules require or permit that party to do.
(6) Where a representative is acting for an appellant, the appellant is under a duty—
(a) to maintain contact with his representative until the appeal is
finally determined; and
(b) to notify the representative of any change of address.
(7) Where a representative ceases to act for a party, the
representative and the party must immediately notify the Tribunal and
the other party [in writing] of that fact, and of the name and address of any new representative (if known).
(8) Notification under paragraph (4) . . .—
(a) [where a representative is appointed to act for a party on the day of a hearing,] may be given orally at [that] hearing to the Tribunal and to any other party present at that hearing; but
(b) must otherwise be given in writing.
(9) Until the Tribunal is notified that a representative has ceased to act for a party, any document served on
that representative shall be deemed to be properly served on the party he was representing.
The Tribunal are clearly in the right here.
I like to share my case's update with you.My determination letter was sent into my previous solicitor's address who wasn't representing me.according to my present solicitor's statement -before hearing he inform tribunal that he is my legal representative and also with bundle of document he attached letter that he is solicitor.after we found that my determination sent into wrong address my solicitor contract with Tribunal couple of time and no response from tribunal.But when I contract with tribunal they response within 1 day.I explained my situation and request to resend the determination to my solicitor.within 1 week Tribunal sent determination letter to my solicitor with 14 days time line.So,I received my determination letter after 5 month of waiting when 1st determination was sent to my previous solicitor on 8th July.I asked for permission to appeal to FTT on last day on 17.12.14.If ALLAH wants I am eligible to apply for ILR on 3rd of August 2015.Obie wrote:Mustapha I have nothing against you or your solicitor.
I am simply stating the law based on what you told us.
When the Tribunal reserve their letter on you, it will explain you appeal rights.