||All England Reporter
|| All ER (D) 349 (Nov)
||Queen's Bench Division, Administrative Court
Kenneth Parker QC sitting as a deputy High Court judge
||Justine Fisher (instructed by Thompson & Co) for the claimant.
||Katherine Olley (instructed by the Treasury Solicitor) for the Secretary of State.
||22 November 2007
Immigration - Asylum seeker - Fresh claim - Adjudicator making adverse findings against claimant - Claimant seeking to establish fresh claim on basis of fresh evidence - Secretary of State deciding no fresh claim made out - Whether Secretary of State's decision irrational - Immigration Rules 1999, r 353.
Immigration - Asylum seeker. In the instant case, a First Information Report and correspondence from the Muslim Association submitted by the claimant following refusals of his asylum claim by the Secretary of State, an adjudicator and thereafter an Immigration and Asylum Tribunal, did not amount to a fresh claim within the meaning of r353 of the Immigration Rules 1999. The fact was that it was impossible to discern precisely what the nature of the report was, and further, that there had been no explanation as to its provenance. In respect of the correspondence, that had not given sufficient and reliable information which could have proved the claimant's claim.
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