KM (Algeria) v the Secretary of State for the Home Department [2017] EWCA Civ 2662

Was it contrary to the interests of justice and a procedural irregularity for the Upper Tribunal to determine the appeal in KM’s absence, and without giving him a further opportunity to attend by adjourning the hearing. It was held that what is or is not required in the interests of justice will depend on the individual circumstances of the case, which can include the nature and merits of the appeal. The judge’s decision to determine the appeal in KM’s absence did not amount to a procedural irregularity. He was entitled to decide, given in particular the nature and scope of the appeal, that it could properly be determined in KM’s absence.

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