Appeal Date given by 1st Tier-Tribunal but HO failed to submit documents on time

[jdavid321]

Hi there,

I finally received a date for a 'substantial hearing' for a EEA decision appeal for the 2nd of July 2018 having sent the appeal bundle on 4th of May 2017 (14 month wait).

With the letter advising of the date it also came a letter addressed to Respondent (Entry Clearance Officer) saying that they had failed to supply the documents specified on rule 23 on time. The letter is dated 26th of October '17 and it says that they should had sent those 'rule 23' documents by 25th of October.

My questions are if anyone could kindly help me:

1. Is it common the the Home Office is late to send those 'rule 23' documents to the tribunal?
2. Does this perhaps mean that the HO will not go ahead and fight the appeal. I've read online that the a Case Manager at the Home Office reviews the appeals forwarded by the 1st-Tier Tribunal and makes a decision on whether to pursue them or not.
3. What are the repercussions for the appeal if the Home Office fails to send those documents on time as it has happened?

thanks in advance for your help!