Source: All England Reporter
Publisher Citation: [2012] All ER (D) 227 (Oct)
Court: Queen's Bench Division, Administrative Court (London)

Judge Mackie QC (judgment delivered extempore)

Representation Claire Physsas (instructed by MNS Law LLP) for the claimant.
  Matthew Donmall (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 23 October 2012


Immigration - Asylum seeker - Appeal - Fresh claim - Claimant being refused asylum from Sri Lanka - Claimant's son being subsequently granted asylum - Claimant making further representations to defendant Secretary of State - Claimant submitting, inter alia, son's asylum decision introducing compelling new evidence - Secretary of State refusing fresh claim - Claimant seeking judicial review - Whether Secretary of State erring.

The Case

Immigration Asylum seeker. The claimant had previously been refused asylum from Sri Lanka. Subsequently, her son was successful in his own asylum claim where his claim, in many parts overlapped with that of the claimant. The Administrative Court, in allowing the claimant's application for judicial review, held, inter alia, that the evidence of the son's successful asylum claim together with the previously heard evidence of the claimant's own claim would give the claimant a realistic prospect of success in making a fresh asylum claim to the defendant Secretary of State.

Practice Areas

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