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The refusal to consider further representations as a fresh claim without undertaking an individual and case-specific appraisal led to the Secretary of State’s decision being quashed.
25 August 2011
John Howell QC
(1) The Claimant was a Pakistani national and an Ahmadi Muslim. On 16 May 2008 he was granted a multiple-entry visa to the United Kingdom expiring on 16 March 2013. The Defendant claimed asylum when he re-entered the UK on 13 July 2010 using this visa. The asylum claim was rejected by the Secretary of State on 6 August 2010. The Claimant’s appeal was dismissed on 22 September 2010 on the basis that there was no evidence in support of the appeal and the asylum claim was false. The Claimant then made a series of fresh representations followed by a judicial review application. The Secretary of State, in response made further decisions refusing to treat these representations as a fresh claim. The Secretary of State rejected the Claimant’s submission that he would be at real risk of persecution if he practiced his faith freely in Pakistan (contrary to Article 3 ECHR).
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