Publisher Citation: [2009] All ER (D) 179 (Aug)
Neutral Citation: [2009] EWHC 265 (Admin)
Court: Queen's Bench Division, Administrative Court

Judge McKenna sitting as a judge of the High Court

Representation George Brown (via video link) (instructed by the Greater Manchester Immigration Aid Unit) for the claimant.
  Charles Bourne (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 27 January 2009


Immigration - Asylum seeker - Fresh claim - Anxious scrutiny - Claimant from Cameroon submitting 'new evidence' in support of fresh asylum claim - Issue arising as to reliability of documents produced in support of claim - Secretary of State refusing to accede to fresh claim submission - Whether Secretary of State failing to apply anxious scrutiny to documents - Immigration Rules (HC 395), r 353.

The Case

Immigration Asylum seeker. Queen's Bench Division, Administrative Court: The court dismissed a judicial review brought by the claimant, a citizen of Cameroon, on the ground that the Secretary of State had failed to give anxious scrutiny to all the documents which formed part of her fresh asylum claim. The decision letters in question were all very detailed, containing extensive reasons. The Secretary of State had been entitled to reject the claimant's documentation and find that there was no fresh claim.

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