Source: All England Reporter
Publisher Citation: [2008] All ER (D) 351 (Jun)
Court: Queen's Bench Division, Administrative Court
Judge:

Judge Mackie QC sitting as a deputy High Court judge

Representation Richard Wilson QC and Philip Nathan (instructed by ) for the claimants.
  Robin Tam QC and Daniel Beard (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 25 June 2008

Catchwords

Immigration - Asylum seeker - Fresh claim - Access to labour market when 'application for asylum' not determined within one year - Decision on whether representations constituting fresh claim not made within one year - Whether claimants entitled to access labour market - Whether submission of representations said to be fresh claim an 'application for asylum' - Immigration Rules, rr 353, 360, 360A - Council Directive (EC) 2003/9, arts 2(b), 2(c), 11(2) - Council Directive (EC) 2005/85, arts 2(b), 2(c), 32.

The Case

Immigration Asylum seeker. The submission of a fresh claim under r353 of the Immigration Rules did not amount to an application for asylum within the meaning of art11 of the Council Directive (EC)2003-9, and r360 and r360A of the the Immigration Rules, so that a person making an application for a fresh claim became entitled to access the labour market under those latter provisions if that application had not been accepted as a fresh claim after 12 months.

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