JR-2024-LON-003255

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The decision



Case No: JR-2024-LON-003255
IN THE UPPER TRIBUNAL
(IMMIGRATION AND ASYLUM CHAMBER)
Field House,
Breams Buildings
London, EC4A 1WR

5 September 2025

Before:

UPPER TRIBUNAL JUDGE MCWILLIAM

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Between:

THE KING
on the application of
Ganesan Rajasutharsan
Applicant
- and –

FIRST TIER TRIBUNAL IMMIGRATION AND ASYLUM CHAMBER
Respondent

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Interested Party

Represented
for the applicant KT solicitors (non-attendance)

Unrepresented
(instructed by the Government Legal Department) for the respondent (non-attendance)

Hearing date: 28 August 2025

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J U D G M E N T

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Representation: Zane Malik KC (instructed by KT Solicitors) for the Applicant (written submissions).
The Respondent is neither present nor represented (being neutral).
The Interested Party is neither present nor represented (being neutral)


Judge McWilliam:
1. The Respondent did not attend the hearing. They did not lodge summary grounds of defence or instruct counsel. I indicated to the Applicant’s representatives, KT solicitors that their attendance at the hearing was not required. The First-tier Tribunal and the Secretary of State for the Home Department’s position is they remain neutral.
2. The Applicant has a protracted immigration history. He applied for asylum on 20 February 2007. On 25 June 2013 he was granted limited leave. A decision was made by the Respondent to exclude him from the Refugee Convention. The Applicant sent a notice of appeal to the First-tier Tribunal on 5 July 2023.
3. On 6 February 2024 the First-tier Tribunal decided that the application was out of time and declined to extend time. I shall refer to this decision of 6 February 2024 as the “first decision”. The Applicant made an application to appeal the first decision on 20 February 2024. On 17 September the First-tier Tribunal maintained the first decision saying that the Applicant did not have a right of appeal. I will refer to the decision of 17 September 2024 as the “second decision”. The Applicant seeks to challenge in these proceedings the first and the second decision. It is common ground that the exclusion decision of 25 June 2013 was appealable.
4. Upper Tribunal Judge Norton-Taylor granted permission to the Applicant.
5. The exclusion decision was not compliant with the requirements of the Immigration (Notices) 2003 because it did not include nor was it accompanied by a statement which advised the Applicant of his appeal rights and other matters. The decision was re-served on 9 March 2022 but it remained non-compliant. In the light of the clear position stated in R (OAO Chowdhury) v FtT and Secretary of State for the Home Department [2024] EWCA Civ 1380 the decision has never been valid. Therefore, time for the Applicant to appeal against the exclusion decision has not yet started to run. The First-tier Tribunal’s first decision was wrong because the Applicant’s purported appeal was not out of time. The second decision therefore falls away.
6. The first decision of the First-tier Tribunal is quashed. It follows that the second decision cannot stand.
7. Costs reserved pending submissions.


Joanna McWilliam
Upper Tribunal Judge McWilliam
21 October 2025