Labor earlier affirmed its revocation of Shamsul Hoque’s work permit as a farmer.
According to Wiseman, however, “the court recognizes the harsh realities of dismissing cases without determining the merits and prefers not to dispose of cases before litigants have their day in court.”
“The court believes that [Hoque] is diligently pursuing his appeal now and thus is entitled his day in court,” Wiseman added.
Despite having presented himself as an “experienced farmer,” Hoque’s employer soon realized that he lacked sufficient farming skills to work independently, the court noted.
After receiving his first paycheck, Hoque abandoned his employer, the court said.
Hoque’s petition for judicial review remained pending from Sept. 2001 until July 2009.
Hoque said the reason for the delay was due to the fact that on Sept. 25, 2001, he stipulated with Labor that all deadlines be vacated until such time as the transcript could be prepared and reviewed.
The court said it approved this stipulation. “However, neither party ever requested a scheduling conference to set a new schedule nor was the requested transcript ever prepared,” the court added.
