Generate a structured brief — facts, issues, held, reasoning, and significance — for this case in seconds. Or browse the verbatim judgment via the source links below.
Judicial Review of a decision of the Secretary of State for the Home Department dated 31 December 2009
"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, not withstanding its rejection."
[3] By letter dated 31 December 2009 the UK Border Agency, acting on behalf of the Secretary of State, refused to recognise the representations as a fresh claim for asylum. In this petition for Judicial Review the petitioner seeks reduction of that decision.
[4] Counsel for the petitioner submitted that the "realistic prospect of success" test in Rule 353 means only more than a fanciful such prospect - ZT (Kosovo) v Secretary of State for the Home Department [2009] UKHL 6 ; [2009] 1 WLR 348 , and R (AK (Sri Lanka)) v Secretary of State for the Home Department [2009] EWCA Civ 447 ; [2010] 1 WLR 855 .
Auto-extracted from BAILII. Full structured brief in progress — the source links below give you the verbatim judgment in the meantime.
Multiple official and mirror sources — pick whichever loads cleanly on your network.
Common Room
0 comments · About the Common Room →
No comments yet — start the discussion.
Voted-best comments help future students and feed Caselaw's AI study tools.