|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 163 (Dec)|
|Court:||Queen's Bench Division, Administrative Court|
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|
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.