LA, Re Judicial Review

For Judicial Review of a decision of the Secretary of State for the Home Department to refuse to accept representation on his behalf as a fresh claim for asylum

[2] The basis of the appellant's claim is based on alleged persecution of him in Pakistan on the basis of his religion. He claims to be not only an adherent of the Ahmadi faith but to preach that faith and work for the Ahmadi community. The full details of his claim are set out in the original decision of the Immigration Judge of March 2008 and in the decision letter already referred to. The respondent accepts that the petitioner is of the Ahmadi faith and that some Ahmadis are persecuted because of their faith but disputes that the petitioner is in this category.

[5] These submissions fell to be considered under the terms of Immigration Rule 353 which states as follows:-

"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, notwithstanding its rejections."