| Source: | All England Reporter |
| Publisher Citation: | [2008] All ER (D) 163 (Dec) |
| Court: | Queen's Bench Division, Administrative Court |
| Judge: | Stuart Issacs QC sitting as a deputy judge of the High Court |
| Representation | Erum Waheed (instructed by J R Jones) for the claimant. |
| Parishil Patel (instructed by the Treasury Solicitor). | |
| Judgment Dates: | 9 December 2008 |
Catchwords
Immigration - Asylum - Appeal - Claimant aged 17 and brother aged 9 seeking asylum - Claimant's claim for asylum being refused - Adjudicator dismissing appeal against refusal - Brother being granted discretionary leave to remain - Claimant making further submissions including claim under art 8 of the European Convention on Human Rights - Secretary of State refusing to treat further submissions as amounting to a fresh claim - Whether Secretary of State applied wrong test in considering art 8 claim - European Convention on Human Rights, art 8 - Immigration Rules, r 353.
The Case
Immigration Asylum. Queen's Bench Division, Administrative Court: The claimant's application for judicial review of a decision of the Secretary of State refusing to treat further submissions as a fresh asylum claim was allowed. The decision had been made on the basis of the incorrect legal test for determining a claim under art 8 of the European Convention on Human Rights.
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