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Public law and Regulation

Case reports and guidance on public law and professional regulation issues

21 SEP 2011

R (on the application of MN (Tanzania)) v Secretary of State for the Home Department [2011] EWCA Civ 193

Immigration – Wednesbury – Anxious scrutiny

4 March 2011
Court of Appeal
Maurice Kay LJ; Moses LJ; Sullivan LJ
The Wednesbury test, subject to anxious scrutiny, was the test to be applied by a judge, on an application for judicial review of the Secretary of State’s refusal to treat further representations as a fresh claim.
Summary of Judgment
(1) The appellant is a national of Tanzania who challenged the application of the Wednesbury test, which had been applied in a judicial review of a decision of the Secretary of State. The Secretary of State had refused to treat further representations, made after asylum had previously been refused, as a fresh claim pursuant to Rule 353 of the Immigration Rules.

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