Publisher Citation: [2010] All ER (D) 266 (Jul)
Neutral Citation: [2010] EWHC 1811 (Admin)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Kenneth Parker J
Representation Z Malik (instructed by MLC) for the claimant.
  E Lewis (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 29 June 2010

Catchwords

Immigration - Asylum seeker - Fresh claim - Claimant from Afghanistan being refused asylum in United Kingdom - Further submissions made by claimant - Secretary of State deciding to reject submissions as amounting to fresh claim - Whether decision irrational - Whether decision complying with relevant immigration rule - Immigration Rules (HC 395), r 353 - European Convention on Human Rights, art 8.

The Case

Immigration Asylum seeker. The Administrative Court held, dismissing the instant judicial review, that the Secretary of State's decision to reject the claimant's further submissions (purporting to provide an art8 justification for remaining in the United Kingdom) as amounting to a fresh claim for asylum could not be attacked on the basis that the decision failed to comply with r353 of the Immigration Rules (HC 395). The Court found that the Secretary of State had given sufficient scrutiny to the circumstances of the claimant's case.

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