| Source: | All England Reporter |
| Publisher Citation: | [2009] All ER (D) 197 (Oct) |
| Court: | Queen's Bench Division, Administrative Court (London) |
| Judge: | Judge McKenna sitting as a judge of the High Court (Judgment delivered extempore) |
| Representation | Shivani Jegarajah (instructed by K Ravi Solicitors) for the claimant. |
| Matthew Barnes (instructed by the Treasury Solicitor) for the Secretary of State. | |
| Judgment Dates: | 20 October 2009 |
Catchwords
Immigration - Asylum seeker - Fresh claim - Claimant from Sri Lanka providing further representations in attempt to establish fresh asylum claim - Secretary of State deciding to reject representations - Judicial review of Secretary of State's decision regarding claimant's immigration status - Claimant producing witness statement in attempt to demonstrate close relationship with mother in United Kingdom - Whether statement may be relied upon to establish right to remain - Whether Secretary of State's decision ought to be displaced - European Convention on Human Rights, art 8.
The Case
Immigration Asylum seeker. The Administrative Court quashed the Secretary of State's decision that the claimant, a citizen of Sri Lanka, had no fresh asylum claim in the United Kingdom, having regard to a witness statement, although submitted late in the day and of which was not supported by a statement of truth, indicated that there was a more than fanciful prospect of a successful claim to remain under art8 of the European Convention on Human Rights.
Lexis®Library
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
