Source: All England Reporter
Publisher Citation: [2005] All ER (D) 154 (Nov)
Court: Queen's Bench Division (Administrative Court)

Goldring J

Representation Ranjiv Khubber (instructed by Fisher Meredith) for the claimant.
  Martin Chamberlain (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 11 November 2005


Immigration - Leave to enter - Asylum - Refusal - Appeal against refusal - Adjudicator dismissing appeal - Asylum seeker not being informed of adjudication hearing - Further witness statement and medical evidence - Secretary of State refusing to treat as fresh claim - Whether Secretary of State erring in refusing to treat as fresh claim - Whether Secretary of State erring in approach to decision of adjudicator - Immigration Rules, para 346.

The Case

In the circumstances, the defendant Secretary of State had been entitled to find that the claimant asylum seeker's claim was not a fresh human rights or asylum claim. The claimant had added nothing to what had been before the adjudicator such as to constitute a fresh claim for asylum, pursuant to para346 of the Immigration Rules. Moreover, the Secretary of State had not erred in his approach to the decision of the adjudicator. To have investigated whether or not there had been a breach of natural justice before the adjudicator the Secretary of State would have had to go behind the finding of a lawful adjudicator. He had been entitled to conclude that the appropriate remedy for any alleged procedural defect would have been to appeal against that decision to the Immigration Appeal Tribunal and then to the High Court by way of judicial review or statutory appeal.

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