Appeal listed this afternoon

Appeal listed this afternoon.

My client has dual nationality USA / British. He has lived in England continuouly since indefinite leave to enter was given in 1999 and has only left to vist family abroad for a couple of weeks at a time and not in over 10 years.

He has been refused Inc Supp (as a carer) because his passport stating he has leave to enter indefinitely is out of date. It was cancelled in 2002 when a new one was applied for which is lost.

I am shocked that it has been listed as I expected it to be resolved well in advance.

He hasn’t got any other evidence other than has already been supplied - old passports, JSA claim payment letters and Carer Allowance letters.

He has applied for a new passport but it’s in the early stages.

My plan is to ask for an adjournment to gather this additional evidence.

I understand leave to remain / enter doesn’t cancel or expire but cannot find anything that explains this.

Can you help?

Thanks in advance

I would have loved to see DWP’s submission on that one: their legal argument that he is not a British citizen and/or that he no longer has indefinite leave would have been most illuminating.  Unless they are in possession of some crucial evidence you have not seen, then like you I cannot see how they have allowed it to get to this stage without revision.

Just a quick update and thanks to Tony.
As I expected, the judge was going to adjorn to instruct the JC+ to issue a proper decision. The bundle of papers was extremely sketchy as best.
As my client needed the Inc Supp money to apply for a new passport, upon his instruction I pressed on and asked for the hearing to go ahead.
The judge did see sense and allowed the appeal after seeing a membership card which he gave verbal evidence of supplying proof of his citizenship when it was issued.

Very unusual appeal… but a win is a win.