Publisher Citation: [2005] All ER (D) 264 (Nov)
Court: Queen's Bench Division (Administrative Court)

Collins J

Representation Shivani Jegarajah (instructed by Hammersmith Law Centre) for the claimant.
  Parishil Patel (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 21 November 2005


Immigration - Asylum seeker - Fresh claim - New evidence to support claim - Proper test - Whether new evidence amounting to fresh claim - Immigration Rules 1999, r 353.

The Case

Having regard to r353 of the Immigration Rules 1999, a fresh asylum claim based on new evidence should be rejected as such only if it was intrinsically not credible or if one could say, looking at the case as a whole, no one could reasonably believe it.

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