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Judicial Review of a Decision of the Secretary of State for the Home Department dated 4 January 2013
Introduction [1] The petitioner was born on 1 January 1984. Although it has been raised as an issue in the past, he has always claimed to be, and the respondent accepts that he is, an Afghan national. The respondent is the Secretary of State for the Home Department.
"When a human rights or asylum claim has been refused ... 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 ..."
[5] As to the correct test and the role of the court, I was referred to the observations of the Court of Appeal in WM (DRC) v Secretary of State for the Home Department [2007] IMM AR 337 , per Buxton LJ:
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