A, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 3199 (Admin) (18 November 2008)
The Secretary of State's decision was not irrational; the applicant's submissions did not amount to a fresh claim under paragraph 353 as they were not significantly different from previously considered material and did not create a realistic prospect of success before an immigration judge.
- Citation
- [2008] EWHC 3199 (Admin)
- Parties
- Applicant/claimant: A; Respondent/defendant: The Secretary of State for the Home Department
- Jurisdiction
- England and Wales
- Judgment Date
- 18 November 2008
- Procedural Posture
- Judicial Review / Final Judgment
- Outcome
- Application refused
- Legal Topics
- Asylum, Fresh Claims, Judicial Review, Risk on Return, Article 3 ECHR
Case Brief
Summary, issues, holding and outcome
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Parties
A
Applicant/claimant
The Secretary of State for the Home Department
Respondent/defendant
Procedural Posture
Judicial Review / Final Judgment
Legal Issues
- 1 Whether the Secretary of State's refusal to treat further submissions as a fresh claim under paragraph 353 of the Immigration Rules was irrational
- 2 Whether the applicant faces a real risk of persecution or ill-treatment on return to Sri Lanka
Ratio Decidendi
The Secretary of State's decision was not irrational; the applicant's submissions did not amount to a fresh claim under paragraph 353 as they were not significantly different from previously considered material and did not create a realistic prospect of success before an immigration judge.
Court Disposition
Application refused
Orders
- Application for judicial review dismissed
Full Case Text
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