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Public law and Regulation

Case reports and guidance on public law and professional regulation issues

08 DEC 2011

BN, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 2367 (Admin)

Immigration – Further Representations – Article 8

Failure to consider further representations regarding Article 8 ECHR rights prior to deportation taking place was Wednesbury unreasonable.
16 September 2011
Administrative Court
Stadlen J
(1) The Claimant, a citizen of Malawi, challenged a series of decisions by the Secretary of State for the Home Department dated 22 September 2010, 21 October 2010 and 8 November 2010. By these decisions, the Secretary of State refused to accept further representations served on behalf of the Claimant as constituting a fresh human rights claim under paragraph 353 of the Immigration Rules.

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