Source: All England Reporter
Publisher Citation: [2010] All ER (D) 226 (May)
Neutral Citation: [2009] EWCA Civ 1500
Court: Court of Appeal, Civil Division
Judge:

Sir Andrew Morritt C, Scott Baker and Moses LJJ
Representation Shivani Jegarajah (instructed by K Ravi) for the claimant.
  Kate Olley (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 27 October 2009

Catchwords

Immigration - Asylum seeker - Fresh claim - Claimant refused asylum by Secretary of State - Adjudicator not accepting claimant of continuing interest to Sri Lankan authorities - Adjudicator refusing claimant's claim for refugee status - Claimant submitting fresh evidence to Secretary of State - Secretary of State rejecting submissions - Claimant refused permission to judicially review Secretary of State's decision - Whether adjudicator's findings unclear - Whether new material giving realistic prospect of success.

The Case

Immigration Asylum seeker. The Court of Appeal, Civil Division, found that where the claimant citizen of Sri Lanka had demonstrated that there were different facts applicable to him, than had applied at the time of the original dismissal of his immigration appeal, he could not successfully get around the original findings of fact that he was of no interest, and no continuing interest, to the Sri Lankan authorities. There had to be, and there had to be maintained, a clear distinction between a case in which it was said fresh significant evidence had emerged and a case in which an opportunity was taken by way of that assertion to seek to undermine original findings of fact.

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