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Judicial Review of a determination by the Secretary of State for the Home Department in terms of the Immigration Rules (HC 395 as amended) Rule 353
[1] This Petition is for judicial review of a determination dated 29 March 2011 by the UK Border Agency exercising powers on behalf of the Secretary of State for the Home Department. The Border Agency decision maker concluded that certain further submissions do not amount to fresh asylum or human rights claims in terms of the Immigration Rules (HC 395 as amended) Rule 353.
[2] At the first hearing on 9 November continued to 10 November 2011 Mr Caskie, Counsel for the Petitioner, moved me to sustain the Petitioner's plea and to reduce the Border Agency determination of 29 March 2011. The motion was opposed by Mr Webster, Counsel for the Advocate General on behalf of the Secretary of State, Respondent. He moved me to sustain the Respondent's pleas and to refuse the Petition. Having heard parties' submissions and made avizandum I have formed the Opinion that the Respondent's motion should be granted and that the Petition should be refused.
Legislative framework [8] The Human Rights Act 1998 Sched 1, Part 1 ('The Convention'), incorporated by section 1, provides:
Everyone has the right to respect for his private and family life, his home and his correspondence.
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