Publisher Citation: [2010] All ER (D) 65 (Apr)
Neutral Citation: [2009] EWHC 3730 (Admin)
Court: Queen's Bench Division, Administrative Court (Cardiff)
Judge:

Judge Seys Llewellyn QC sitting as a judge of the High Court
Representation C Hulse for the claimant.
  J Williams for the Secretary of State.
Judgment Dates: 18 December 2009

Catchwords

Immigration - Asylum seeker - Fresh claim - Claimant Iranian Kurd submitting further representations in support of fresh claim for asylum - Secretary of State rejecting representations at all stages - Expert opinion favourable to claimant held not to assist - Whether Secretary of State erring.

The Case

Immigration Asylum seeker. The Administrative Court held that the Secretary of State's decision to reject further representations made by the claimant Iranian Kurd as amounting to a fresh asylum claim involved an error in the sense that it had been inadequate of the Secretary of State to dismiss an expert's opinion on a particular piece of fresh material which on all accounts was supportive of a fresh claim.

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