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Public law and Regulation

Case reports and guidance on public law and professional regulation issues

20 JUL 2012

R (on the application of Shanmuganathan) v Secretary of State for the Home Department [2012] EWHC 1293 (Admin)

Immigration - Fresh Claims - Disclosure

Disclosure of information to the Sri Lankan authorities, in breach of the Defendant's duties, did not render his removal directions unlawful. Further, the low threshold for determining whether representations amounted to a fresh claim had not been reached.

18 May 2012

Administrative Court

Philip Mott QC

(1)        The Claimant, a Sri Lankan national, sought to challenge the Defendant's decision made on 19th May 2011 rejecting his representations made as a fresh claim for asylum under paragraph 353 of the Immigration Rules.

(2)        Further grounds filed rose issues concerning the alleged disclosure of personal information about the Claimant to the Sri Lankan High Commission, contrary to section 13 of the Immigration and Asylum Act 1999 (hereinafter ‘the 1999 Act'). The Claimant's case comprised two allegations:

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