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The further representations which became the subject matter of the decision letter of 12 December 2008 were made on 19 November 2008 . As the petition states the gravamen of those representations was that
These submissions fell to be considered under the terms of Immigration Rule 353 which states as follows:-
"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 rejections."
For the petitioner it was argued that the Secretary of State had erred in the following ways:
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