RAA, Re Judicial Review

Judicial Review of a decision of the Secretary of State for the Home Department dated 20 March 2012

[1] The petitioner avers that he was born on 25 March 1984, and is a national of Iran. It is also averred that he fled from Iran in 2009 and entered the United Kingdom in October of that year. He claimed asylum on the basis that he feared persecution should he return to Iran, because of his "anti-regime political stance", but the Secretary of State for the Home Department ("SSHD") rejected his claim. The SSHD's decision was appealed, and the appeal failed. The petitioner unsuccessfully sought permission to appeal the latter decision, and his rights of appeal were exhausted as at 29 March 2010.

[3] Acting under the provisions of section 3(2) of the Immigration Act 1971, the SSHD has laid down rules to be followed in the administration of the Immigration Acts, for regulating entry into and the stay of persons in the United Kingdom. Under the heading "Fresh Claims", 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"When a human rights or asylum claim has been refused or withdrawn or treated as withdrawn under paragraphs 333C of these Rules and any appeal relating to that claim is no longer pending, the decision maker will consider any further submissions and,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."