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Public law and Regulation

Case reports and guidance on public law and professional regulation issues

06 SEP 2012

R (on the application of Nkembo) v Secretary of State for the Home Department [2012] All ER (D) 181 (Jul)

Immigration - Further representations - Asylum - Reasonableness

The Secretary of State was entitled to conclude that the Claimant had not provided any new material, and therefore the refusal to consider this as further representations on the part of the Claimant was not unreasonable.

18 July 2012

Administrative Court

Allan Gore QC (Judgment given extempore)

(1)        The Claimant is a national of the Democratic Republic of Congo. In January 2011 she claimed asylum following the expiry of her visa. Asylum was refused, and the Defendant later refused to consider material presented by the Claimant as further representations. The Claimant sought judicial review of the Defendant's decision to refuse to consider these further representations, which had been made after removal directions were given.

(2)        The Court determined that the relevant issues concerned whether new material submitted by the Claimant satisfied the criteria set out in paragraph 353 of the Immigration Rules, and whether the Defendant had followed the relevant guidance.

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