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Judicial Review of decisions made by the Secretary of State for the Home Department dated 14 December 2010 and 21 April 2011
Summary [1] The petitioner is a national of Yemen who entered the UK on 21 October 2009 . His claim for asylum was rejected. His right to appeal was exhausted on 30 March 2010 . A summary of the history of proceedings is set out in paragraph 4 of the petition.
[2] Counsel for the petitioner in his oral submission narrowed the scope of the petition. He sought reduction of the decision of the respondent dated 21 April 2011 (6/2 of process).
Submissions on behalf of the Petitioner [3] Counsel made reference to the following cases: WM (DRC) v Secretary of State for The Home Department (2007) IM MAR 337 ; KH (Article 15(c) Qualification directive) Iraq CG (2008) UKAIT00023; Elgafaji v Staatssecretaris van Justitie (2009) 1WLR 2100 ; QD (Iraq) v Secretary of State for the Home Department (2011) 1WLR 689 ; GS (Article 15(c) indiscriminate violence) Afghanistan CG (2009) UKAIT00044; HM and Others (Article 15(c)) Iraq CG 2010 UKUTR331 (IAC); HM (Iraq) and Another v Secretary of State for The Home Department []2011] EWCA civ 1536..
[4] Counsel submitted that the petitioner's claim under paragraph 353 of the Immigration Rules is based in this case on Article 2(e) of Council Directive 2004/83/EC dated 29 April 2004 ("the Directive") (6/1 of process). Article 2(e) of the Directive provides:
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