Deadlines for filing acknowledgement of judicial review’s service

The Upper Tribunal in case of Sutharsan (UT rule 29(1): time limit) [2019] UKUT 217 (IAC) reviewed the interpretation of the rule regarding the deadline for filing service acknowledgement of judicial review application. The rule itself requires the Home Office to confirm receipt of the application no later than 21 days after the applicant has provided them with a copy of it. Though it is not entirely clear what exactly the word "provided" means: the date when the applicant sent the documents or the date when Home Office physically received it.  The Tribunal ruled that the 21-day period begins on the day when Home Office receives a copy of the application for judicial review, and not on the day it was sent. Documents sent by mail are considered to be delivered on the second working day after dispatch, unless otherwise is proved.

Posted on Jul 21, 2019.

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