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Judicial Review of the decision of the Secretary of State for the Home Department dated 21 September 2011 refusing to treat the petitioner's further submissions as a fresh claim.
[2] In a letter dated 13 September 2011 the petitioner made further submissions to the respondent. On 21 September 2011 the respondent refused to treat those further submissions as a fresh claim. The petitioner now seeks reduction of that decision.
Rule 353 [3] The provisions setting out what amounts to a fresh claim in this context are set out in paragraph 353 of the Immigration Rule (HC395C). This provides that:-
"When a human rights or asylum claim has been refused or withdrawn or treated as withdrawn under paragraphs 333C of these Rules and any appeal relating to that claim is no longer pending, the decision maker will consider any further submissions and,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."
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