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22 MAY 2012

R (on the application of Korkmaz) v Secretary of State for the Home Department [2012] All ER (D) 80 (Apr)

Immigration - Asylum - Article 8 - Appeal

A fresh decision concerning the Claimant's article 8 rights had been provided by the Defendant, and as such a fresh right of appeal arose. The Claimant did not succeed in demonstrating that it was unreasonable to pursue such an appeal.

18 April 2012

Administrative Court

Irwin J (judgment delivered extempore)

(1)        The Claimant, a Turkish national, entered the UK and made an asylum claim. This was refused by the Defendant and his appeal against the refusal was dismissed. The Claimant's subsequent claims under Article 3 and Article 8 of the European Convention on Human Rights were unsuccessful. The Article 8 claim was refused on the basis that the Claimant had failed to provide evidence of the immigration status of a list of family members that he had provided, and failed to demonstrate his enjoyment of family life with these persons. In a subsequent reconsideration, the Defendant accepted that the Claimant had established a private life, but interference with that right was proportionate.

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