H, R (on the application of) v Secretary of State for the Home Department

Galina Ward (instructed by Duncan Lewis & Co) for the Claimant Jeremy Johnson (instructed by Treasury Solicitor) for the Defendant Hearing dates: 26 August 2008 ____________________

Permission to appeal to the Immigration Appeal Tribunal was refused. On 21 February 2006 the claimant signed an IS101PA (Notice of withdrawal of an Application for Asylum/intention not to exercise appeal right/withdrawal of Appeal) and voluntarily returned to Iraq.

The doctor saw him and recorded "[A]lleged torture marks. Arm. Right." The claimant was transferred soon after to the Oakington Centre to be detained.

Reference was then made to the reasoning of the Adjudicator dismissing the claimant's previous appeal, the finding on credibility, and the letter concluded that:

The letter ended by setting out paragraph 353 of the Immigration Rules and that the decision maker was "not persuaded that the submissions you have made, taken together with previously considered material, create a realistic prospect of success."