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01-6-2016 7:04 pm  #1


Costs Hearing Manchester, Friday 3 June 2pm

This hearing is in connection with my restoration appeal to the tribunal and a somewhat optimistic application for costs made on 22 May 2015 in the sum of £526 pursuant to Tribunal Rule 10(1)(b), whereby the Tribunal “may only make an order for costs where party or their representative has acted unreasonably in bringing, defending or conducting the proceedings”. I have attempted to justify this application on the grounds that the restoration decision and the review decision were the familiar “coffee machine” responses and were entirely devoid of any evidence of logical reasoning.

The Home Office have dragged their feet as usual being first invited to make representations on the application on 30 July 2015:

Dear Sirs

We refer to our letter dated 30 July 2015. The last paragraph invited you to make representations on the Appellant's application for costs dated 22 May 2015. We do not appear to have received any representations. Please indicate your position in writing within 14 days from the date of this email. Otherwise the costs application will be determined without further reference to you.

Yours faithfully,

 Tribunal Clerk

 This drew a somewhat petulant response from the Home Office:

 Re: …... v Director of Border Revenue (TC/.........)

I write regarding the above matter and further to your letter dated 26th October 2015.Under the Tribunals Service Rule 10 and considering the circumstances and facts of this case, we the Respondents (the Director of Border Revenue) have not acted unreasonably in bringing,defending or conducting these proceedings and we therefore oppose Mr (name spelt wrong) costs application. We intend to defend this case robustly and we invite the Tribunals Service to list the matter for a costs application hearing. We would be grateful if the Tribunals Service contacts us for listing information and details, so as to allow us sufficient time to instruct our Counsel. I look forward to hearing from you. 

Yours faithfully

Cash Forfeiture & Condemnation Legal Team
Immigration Enforcement 

There then followed a somewhat terse response from the judge:  

Home Office
Cash, Forfeiture & Condemnation LegalTeam
1st Floor Seacole Building (SW)2
Marsham Street

LondonSW1P 4DF

12 November 2015 Dear Madam

APPELLANT : OUR REF:

We refer to your letter dated 4th November 2015. Please set out in writing your full grounds of opposition to the Appellant's costs application within 21 days from the date of this letter.

Yours faithfully

Tribunal Clerk

It was not until 21 January 2016 that I finally received the Respondent's skeleton argument. The tribunal has now listed this application for hearing at Manchester Tribunal Centre, Alexandra Place at  the above date and time and which is exactly 2 years to the day after the tribunal made its curious attempt to “airbrush out” my appeal (see this post). 

Although I have long abandoned hope of receiving “justice” in this matter it will be an interesting experience, I suppose.
 

Last edited by turbulentupstart (01-6-2016 7:09 pm)

 

01-6-2016 8:06 pm  #2


Re: Costs Hearing Manchester, Friday 3 June 2pm

After that length of time I think I would have forgotten what it was all about.

Good Luck


http://i45.tinypic.com/24uxqug.png
Please ensure you do not divulge any information which could identify you as Border Force will use your posts here as evidence against you in court.

 
 

02-6-2016 5:18 am  #3


Re: Costs Hearing Manchester, Friday 3 June 2pm

Good luck.

JMK

 

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