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01 MAY 2012

R (on the application of Shakeel) v Secretary of State for the Home Department [2012] All ER (D) 142 (Mar)

Immigration - Fresh claims - Asylum

The Court upheld the Secretary of State's decision not to treat the Claimant's further submissions as fresh claims.

19 March 2012

Administrative Court

Stuart Catchpole QC (judgment delivered extempore)

(1) The Claimant, a Pakistani national entered the United Kingdom in May 2008 with her husband and five children on a visitor visa. She applied for asylum, but her claim was refused by the Defendant. The Claimant appealed on asylum and human rights grounds, essentially arguing that she was in fear of persecution from her husband, who would physically abuse her. The immigration judge considered that the account given by the Claimant was fabricated. He further noted that there were a number of documents sent from Pakistan that were not originals and could not be verified. The Judge was not prepared to rely on these documents, noting the prevalence of fraudulent documents in Pakistan. The Claimant applied for reconsideration of this decision, but this was refused.

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