A, R (on the application of) v Secretary of State for the Home Department

A, R (on the application of) v Secretary of State for the Home Department

The Secretary of State's decision was not irrational and the applicant's submissions did not satisfy the requirements of paragraph 353 of the Immigration Rules; the cumulative risk factors did not create a realistic prospect of success for a fresh claim.

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 dismissed
Legal Topics
Asylum, Judicial Review, Fresh Claims, Risk Assessment, Paragraph 353 Immigration Rules
Immigration Law Human Rights Law Asylum Judicial Review Fresh Claims Risk Assessment Paragraph 353 Immigration Rules

Case Brief

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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. 1 Whether the Secretary of State's refusal of the fresh claim was irrational
  2. 2 Whether the applicant's submissions amounted to a fresh claim under paragraph 353 of the Immigration Rules
  3. 3 Whether cumulative risk factors (Tamil ethnicity, LTTE association, scarring, lack of identity card, family links) create a realistic prospect of success

Ratio Decidendi

The Secretary of State's decision was not irrational and the applicant's submissions did not satisfy the requirements of paragraph 353 of the Immigration Rules; the cumulative risk factors did not create a realistic prospect of success for a fresh claim.

Court Disposition

Application dismissed

Orders

  • Application for judicial review refused