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	England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Idubo v Secretary Of State For Home Department [2002] EWCA Civ 739 (22 April 2002) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2002/739.html Cite as: [2002] EWCA Civ 739

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IN THE SUPREME COURT OF JUDICATURE
IN THE COURT OF APPEAL (CIVIL DIVISION)
APPLICATION FOR PERMISSION TO APPEAL
THE DECISION TO REFUSE PERMISSION TO
CLAIM FOR JUDICIAL REVIEW AND
A STAY OF PROCEEDINGS

		Royal Courts of Justice Strand London WC2 Monday, 22nd April 2002

1. LORD JUSTICE BUXTON: This is an application to appeal from adecision of Mr Justice Moses in the Administrative Court on 28th November 2001 dismissing an application for permission to move for judicial review, that application having previously been dismissed by Sir Richard Tucker on paper on 15th October. In his judgment Mr Justice Moses said:

" ..... no arguable ground has been advanced ..... there is no possible advantage to be gained ..... to allow somebody to argue what appears to me plainly unarguable."

2. Mr Idubo has not appeared today. He has given no explanation to the court why he is not here, in spite of the fact that the court has been in touch with him recently in an attempt to rectify his bundle which was in a defective state.
3. In view of his lack of appearance I strike the matter out for want of prosecution, having in mind not only his non-attendance but also the observations made by Mr Justice Moses in the court below.
Order: The application was struck out for want of prosecution