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Z T (Kosovo) (Respondent) v Secretary of State for the Home Department (Appellant)
ZT (Kosovo) (Respondent) v Secretary of State for the Home Department (Appellant)
If there is no appeal pending, the qualification "and any appeal is no longer pending" has no application. Thus, if the wording of rule 353 is read in conjunction with section 104, as I believe that it should be, the procedure that it lays down must be applied if a claim has been refused and no appeal has been instituted.
Might it have made a difference to the Secretary of State's decision if she had proceeded in accordance with rule 353?
Rule 353A was not referred to by counsel on either side. But it ought not to be overlooked, as it refers to cases which fall outside rule 353: see the words "or otherwise" at the end of the second sentence.
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