R (on the application of Neisi) v Secretary of State for the Home Department (FCJR)

R (on the application of Neisi) v Secretary of State for the Home Department (FCJR) [2012] UKUT 00367 (IAC)

This is an application for judicial review, for which permission was granted by Upper Tribunal Judge Gleeson.� The claimant challenges the decision of the Secretary of State for the Home Department of 4 November 2011 refusing to treat his additional submissions as giving rise to a fresh claim under paragraph 353 of the Immigration Rules.

It is common ground that the issue is whether the defendant�s view that the further submissions, taken together with the previously considered material, did not create a realistic prospect of the claimant succeeding before a First-tier Judge, was irrational or Wednesbury unreasonable, bearing in mind the needs of anxious scrutiny (i.e. the need to give proper weight to the issues and to consider the evidence in the round� MN (Tanzania) [2011] EWCA Civ 193 ).

The claimant, who is Iranian, came, it seems, to the United Kingdom on 10 July 2010.� He sought asylum but his application was refused.� He appealed to an Immigration Judge, who dismissed his appeal on 17 December 2010.� An application to the First-tier Tribunal for permission to appeal was refused on 24 January 2011, and a renewed application to the Upper Tribunal was also unsuccessful, on 15 February 2011.

At paragraph 53 of his determination, the judge noted the remarks of the President of the IAT in IE & FE [2002] UKIAT 05237 * to the effect that doctors generally accept an account given by a patient unless there are good reasons for rejecting it or any material part of it.� The judge reminded himself that issues regarding the truth of the claimant�s account were a matter for him to assess and he did not find the claimant credible.� He considered that if the claimant carried scars and was suffering from PTSD he did not accept that it was as a result of the events claimed.