TA (Turkey) (AP)(FE), Re Judicial Review

Judicial Review of decisions of the Secretary of State for the Home Department, dated 23 May, 29 May, and 10 September, all 2012

[3] According to his averments, at the beginning of 2009, the petitioner entered into a relationship with Ms DK, a UK national. That relationship was continuing when these proceedings was raised. The petitioner avers that he had not previously referred to the relationship, firstly, because he was unsure whether it would continue and, secondly, because neither he nor she was sure how their respective families would react.

[5] Acting under the provisions of section 3(2) of the Immigration Act 1971 ("the 1971 Act"), the respondent has laid down rules as to the practice to be followed in the administration of the Immigration Acts for regulating entry into and the stay of persons in the United Kingdom. Paragraph 353 of the Immigration Rules (HC 395) provides, so far as is relevant, as follows:

"When a human rights or asylum claim has been refused or withdrawn or treated as withdrawn under paragraphs 333C of these Rules and any appeal relating to that claim is no longer pending, the decision maker will consider any further submissions and, if rejected, will then determine whether they amount to a fresh claim. The submissions will amount to a fresh claim if they are significantly different from the material that has previously been considered. The submissions will only be significantly different if the content:

(ii.) taken together with the previously considered material, created a realistic prospect of success, notwithstanding its rejection."