Claimant v Secretary of State for the Home Office
Outcome
Facts
The claimant brought claims against the Home Office dating back to 2021. A final hearing was listed for 9-17 January 2025. On 8 January 2025, the claimant's lay representative emailed stating the claimant's health issues (memory and breathing difficulties following a renal transplant) made conducting the tribunal impossible. The claimant did not attend on 9 or 10 January 2025 and failed to comply with tribunal directions to provide medical evidence supporting unfitness to participate or any formal postponement application.
Decision
The tribunal dismissed the claim under Rule 47 due to the claimant's non-attendance. The tribunal found no proper postponement application had been made, and the medical evidence provided did not establish unfitness to attend or participate. The claimant failed to comply with tribunal directions to provide specific medical evidence or explanation for non-compliance.
Practical note
Claimants seeking postponement of final hearings must provide specific medical evidence addressing fitness to participate and comply with tribunal directions, or risk dismissal under Rule 47 for non-attendance.
Legal authorities cited
Statutes
Case details
- Case number
- 3301249/2022
- Decision date
- 10 January 2025
- Hearing type
- dismissal on withdrawal
- Hearing days
- 2
- Classification
- procedural
Respondent
- Sector
- central government
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- lay rep