Seeking advice regarding Judicial Review in the form of Cart against Upper Tribunal refusal permission to appeal

Question

I have an immigration issues here in UK. My asylum claim was refused back in April 2013, by Home Office using words that doesn't exist and or using non-existent events and what was more worse by that decision maker was when she couldn't read the handwriting of my substantive interviewer she choose a random word to find me not credible. The problem back then was that I wasn't able to read and write English as I do now. on the top of that I didn't have a solicitor to help me for the appeal.

With help of a solicitor works for pro-bono case, I request the tribunal to adjourn the hearing for 28 days in accordance with rule 21 of immigration and asylum tribunal (procedure) rules 2005 to (1) to seek alternative representation (2) to translate and authenticate documentations (3) appeal for legal aid, 2 days prior to hearing day.

On the hearing date I went to court unrepresented and unwillingly expecting the hearing is going to be adjourned since I already asked the tribunal to do so. since I wasn't aware of the procedure the judge explains to that Home Office will ask me first then it will be my chance to speak. so I waited for my turn to speak, as soon as I got chance I asked the judge to adjourn the hearing then she told me it's too late to adjourn the mater at that point. on her 14-pages of refusal decision there is no single reference regarding my adjournment request I sent two days before the hearing. on the contrary she said that I asked her to adjourn the hearing at the end of the hearing which isn't fair.

while the decision itself had several material error of fact, error of law, failed to give reason and irrationality. at that time I have no clue in all of the above issues. Despite the procedure itself were unfair to me, I failed to present my case to first-tier tribunal and upper tribunal permission to appeal. after all these year I have had several Fresh Claims, unfortunately, they all refused using the judge's decision as a starting point. I apologise for lengthy explanation but how can I bring my case for Judicial Review in the form of Cart R? I understand my case is way more than 16 days limit, any help is appreciate and thanks for that.

for more https://twitter.com/mihretab_/status/1197162964668895234/photo/1

Answer 1

My advice: forget about it

Even if you had grounds to appeal, the time for doing so is long since past. Such time limits are absolute so the matter is res judicata.

Unfortunately, your not knowing the law and procedures doesn’t matter - you are deemed to know and if you don’t know you are required to learn (or hire someone who does know) before the process starts.

While courts and tribunals will usually do what they can to help uninformed applicants, a matter from 2013 is long dead.