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for Judicial Review of a determination by the Secretary of State for the Home Department in terms of the Immigration Rules (HC 395 as amended) Rule 353
[1] This petition is for judicial review of a determination dated 2 November 2010 by the UK Border Agency exercising powers on behalf of the Secretary of State for the Home Department. The determination is to the effect that certain further submissions do not amount to fresh asylum or human rights claims in terms of the Immigration Rules (HC 395 as amended) Rule 353.
[2] The petition was lodged on 1 February 2011 . At the first hearing on 12 May 2011 counsel for the petitioner moved me to sustain the petitioner's plea and to reduce the Border Agency determination of 2 November 2010 . The motion was opposed by counsel for the Advocate General on behalf of the Secretary of State, respondent. He moved me to sustain the respondent's plea and to dismiss the petition. Having heard parties' submissions and made avizandum I have formed the opinion that the respondent's motion should be granted and that the petition should be dismissed.
The issue [3] The petitioner is a 58 year old Zimbabwean grandmother who over-stayed a visitor's visa in May 2008. Ten months later on 20 March 2009 she claimed asylum. After a number of proceedings, mostly and ultimately unsuccessful, she became rights of appeal exhausted on 30 April 2010 . By letter dated 21 October 2010 her solicitors made further submissions to the Border Agency Further Submissions Unit.
[4] Rule 353 appears to contemplate that the Border Agency decision maker will consider any further submissions and decide whether to accept or reject them. I say this because Rule 353 provides that if the further submissions are rejected, the decision maker must then determine whether the further submissions amount to a "fresh claim", that is, in effect, whether there are grounds of appeal to an Immigration Judge [ MA (Iran) v Secretary of state for the Home Department [2011] CSOH 8 (19 January 2011) at �� 17, 48-57].
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