Publisher Citation: [2008] All ER (D) 81 (Jun)
Neutral Citation: [2008] EWHC 1256 (Admin)
Court: Queen's Bench Division, Administrative Court
Judge:

Mitting J
Representation The claimant appeared in person.
  Katherine Olley (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 23 May 2008

Catchwords

Immigration - Asylum seeker - Appeal - Fresh claim - Immigration judge making adverse findings against claimant - Claimant seeking to establish fresh claim on basis of further representations - Secretary of State deciding no fresh claim made out - Whether Secretary of State erring - Immigration Rules, r 353.

The Case

In the instant case, the Secretary of State had not erred in his approach to considering further representations which had been made by the claimant following an immigration judge's dismissal of an asylum appeal. The Secretary of State had been entitled to conclude that the documents that had been submitted created no realistic prospect of a successful appeal before an immigration judge and, consequently, that there was no fresh claim for the purposes of para 353 of the Immigration Rules.

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