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Akber, Regina (on The Application of) v Secretary of State for The Home Department (Paragraph 353, Tribunal’s Role): UTIAC 27 Sep 2021

Paragraph 353 of the Immigration Rules 1. The importance of paragraph 353 of the Immigration Rules (‘Paragraph 353’) is as a ‘gate-keeping’ function to shut out from the appeals system unmeritorious second or subsequent appeals. An appeal is generated under the current form of section 82 Nationality, Immigration and Asylum Act 2002 (‘the 2002 Act’) … Continue reading Akber, Regina (on The Application of) v Secretary of State for The Home Department (Paragraph 353, Tribunal’s Role): UTIAC 27 Sep 2021

Ayache, Regina (on The Application of) v The Secretary of State for The Home Department (Paragraph 353 and S94B Relationship): UTIAC 8 Mar 2017

1. Although paragraph 353 does not refer in terms to certification, a decision certified pursuant to s 94b is plainly a decision on a ‘human rights claim’ albeit a claim regarding temporary removal as opposed to removal for a more lengthy period if a statutory appeal is unsuccessful. In deciding whether to certify under s94B … Continue reading Ayache, Regina (on The Application of) v The Secretary of State for The Home Department (Paragraph 353 and S94B Relationship): UTIAC 8 Mar 2017

Hussein, Regina (on The Application of) v First-Tier Tribunal (Para 353: Present Scope and Effect)(IJR): UTIAC 8 Aug 2016

UTIAC (1) Lord Neuberger’s judgment in R (ZA (Nigeria)) v Secretary of State for the Home Department [2010] EWCA Civ 926 is an authoritative pronouncement on the scope of the Supreme Court’s judgments in R (BA (Nigeria)) v Secretary of State for the Home Department [2009] UKSC 7. (2) Parliament’s actions in amending paragraph 353 … Continue reading Hussein, Regina (on The Application of) v First-Tier Tribunal (Para 353: Present Scope and Effect)(IJR): UTIAC 8 Aug 2016

MG, Regina (on The Application of) v First-Tier Tribunal (Immigration and Asylum Chamber) (‘Fresh Claim’; Para 353: No Appeal) (IJR): UTIAC 17 May 2016

UTIAC 1. A decision that further submissions do not amount to a ‘fresh claim’ under para 353 of the Immigration Rules is not a decision to refuse a protection or human rights claim and so does not give rise to a right of appeal to the First-tier Tribunal under s.82 of the Nationality, Immigration and … Continue reading MG, Regina (on The Application of) v First-Tier Tribunal (Immigration and Asylum Chamber) (‘Fresh Claim’; Para 353: No Appeal) (IJR): UTIAC 17 May 2016

Waqar, Regina (on The Application of) v Secretary of State for The Home Department (Statutory Appeals/Paragraph 353) ( IJR): UTIAC 25 Mar 2015

UTIAC 1. The current statutory appeal regime requires a decision to be made on a human rights claim. Without a claim and without a decision there is no appeal. 2. Where a claim has already been determined, submissions made subsequent to that require a decision as to whether they amount to a claim. Paragraph 353 … Continue reading Waqar, Regina (on The Application of) v Secretary of State for The Home Department (Statutory Appeals/Paragraph 353) ( IJR): UTIAC 25 Mar 2015

Zoumbas v Secretary of State for The Home Department: SC 27 Nov 2013

The appellant challenged a decision that he did not qualify for asylum or humanitarian protection and that his further representations were not a fresh human rights claim under paragraph 353 of the Immigration Rules. He argued that the return to the UK of his wife and daughter changed the circumstances requiring a fresh application. Held: … Continue reading Zoumbas v Secretary of State for The Home Department: SC 27 Nov 2013

Hussain, Regina (on The Application of) v Secretary of State for The Home Department (Fcjr) Pakistan: UTIAC 22 Aug 2013

Challenge as Wednesbury unreasonableness of decisions made by the respondent refusing to treat the applicant’s submissions as a fresh claim within the meaning of paragraph 353 of the Immigration Rules. Jordan UTJ [2013] UKUT 438 (IAC) Bailii Immigration Rules 353 England and Wales Immigration Updated: 20 November 2021; Ref: scu.515457

Ogilvy, Regina (on The Application of) v Secretary of State for The Home Department: Admn 5 Feb 2021

The claimant sought judicial review of the failure on the part of the Secretary of State to deal with three applications that have been made by the claimant: firstly, an application for statelessness, secondly, submissions made under rules 353A and 353B of the Immigration Rules; and, thirdly, an application for a Home Office travel document. … Continue reading Ogilvy, Regina (on The Application of) v Secretary of State for The Home Department: Admn 5 Feb 2021

Regina (on The Application of Neisi) v Secretary of State for The Home Department: UTIAC 2 Nov 2012

Application for judicial review to challenge the decision of the Secretary of State refusing to treat his additional submissions as giving rise to a fresh claim under paragraph 353 of the Immigration Rules. Judges: Allen UTJ Citations: [2012] UKUT 367 (IAC) Links: Bailii Jurisdiction: England and Wales Immigration Updated: 09 November 2022; Ref: scu.466466

Home Office (Central Government): ICO 21 Oct 2020

The complainant requested information from the Home office about submissions as set out in paragraph 353 of the Immigration Rules, which they received and processed in the years 2017/18 to 2019/20. The Home Office had failed to provide a substantive response to this request by the date of this notice. The Commissioner’s decision is that … Continue reading Home Office (Central Government): ICO 21 Oct 2020

Ahmed, Regina (on The Application of) v Secretary of State for The Home Department: Admn 14 Sep 2010

Application for judicial review of a decision made by the defendant, the Secretary of State for the Home Department, to refuse the claimant’s further representations as a fresh claim for asylum under paragraph 353 of the Immigration Rules. Judges: HHJ Kaye QC Citations: [2010] EWHC 2779 (Admin) Links: Bailii Jurisdiction: England and Wales Immigration Updated: … Continue reading Ahmed, Regina (on The Application of) v Secretary of State for The Home Department: Admn 14 Sep 2010

The Commissioners for Her Majestys Revenue and Customs v AD: UTAA 10 Dec 2020

Whether having a Zambrano right could assist for purposes of child benefit scheme – effect of regulation 23(4)(b)(i) of Child Benefit (General) Regulations 2006 in 2018 still referring to provisions of the by then revoked Immigration (European Economic Area) Regulations 2006 – whether regulation 23(4)(b)(i) therefore misfired or was `cured’ by Schedule 7 to the … Continue reading The Commissioners for Her Majestys Revenue and Customs v AD: UTAA 10 Dec 2020

Wray, Regina (on The Application of) v Secretary of State for The Home Department: Admn 16 Dec 2010

Application for judicial review against the decision of the Defendant to refuse to treat a series of submissions by the Claimant that he should not be removed from the UK because such removal would infringe his Article 8 ECHR rights as a fresh claim under paragraph 353 Immigration Rules HC395. Judges: Bidder QC J Citations: … Continue reading Wray, Regina (on The Application of) v Secretary of State for The Home Department: Admn 16 Dec 2010

T, Regina (on The Application of) v Secretary of State for The Home Department: Admn 10 Feb 2011

The claimant sought judicial review of a decision of the Home Secretary refusing to treat his additional submissions as giving rise to a fresh claim under paragraph 353 of the Immigration Rules, HC 395. He further asserts there was a material failure to consider the factors set out in paragraph 395C of the rules. Judges: … Continue reading T, Regina (on The Application of) v Secretary of State for The Home Department: Admn 10 Feb 2011

K, Regina (on the Application Of) v Secretary of State for the Home Department: Admn 24 Sep 2008

Claim by Mr K for judicial review of a decision of the Secretary of State for the Home Department as he had made no fresh claim for asylum and no fresh human rights claim such as would bring paragraph 353 of the Immigration Rules into play and require the consideration of his claims. Judges: Inglis … Continue reading K, Regina (on the Application Of) v Secretary of State for the Home Department: Admn 24 Sep 2008

Hesham Ali (Iraq) v Secretary of State for The Home Department: SC 16 Nov 2016

The appellant, an Iraqi national had arrived in 2000 as a child, and stayed unlawfully after failure of his asylum claim. He was convicted twice of drugs offences. On release he was considered a low risk of re-offending. He had been in a serious relationship with an English woman since 2005. However the Home Secretary … Continue reading Hesham Ali (Iraq) v Secretary of State for The Home Department: SC 16 Nov 2016

MM (Lebanon) and Others, Regina (on The Applications of) v Secretary of State and Another: SC 22 Feb 2017

Challenge to rules requiring certain minimum levels of income (Minimum Income Requirement – MIR) for allowing entry for non-EEA spouse. Held: The challenges udder the Human Rights Act to the Rules themselves failed. Nor did any separate issue of discrimination arise under article 14. However, the appendix with instructions for entry clearance officers considering the … Continue reading MM (Lebanon) and Others, Regina (on The Applications of) v Secretary of State and Another: SC 22 Feb 2017

Z, Regina (on the Application Of) v Secretary of State for the Home Department: Admn 18 Jun 2008

The claimant challenged the Secretary of State’s refusal to treat various representations made over the years as amounting independently or together to a fresh claim under paragraph 353 of the Immigration Rules. Judges: Mitting J Citations: [2008] EWHC 1600 (Admin) Links: Bailii Jurisdiction: England and Wales Immigration Updated: 19 July 2022; Ref: scu.278421

Z, Re Judicial Review: SCS 27 Nov 2012

The petitioner said that in reaching her decision for the return of the petitioner with his wife and children to the Republic of Congo, she had not properly given priority to the interests of the children, and had wrongly refused to treat the petitioner’s submissions as a new claim. Held: The appeal failed: ‘. A … Continue reading Z, Re Judicial Review: SCS 27 Nov 2012

Mohan, Regina (On the Application of) v Secretary Of State for the Home Department: Admn 28 Jul 2009

Application for judicial review of a decision of the Defendant relating to what the Claimant says was a fresh application for asylum or under Article 3 of the European Convention, within the meaning of paragraph 353 of the Immigration Rules HC 395. Judges: Timothy Corner J QC Citations: [2009] EWHC 1949 (Admin) Links: Bailii Statutes: … Continue reading Mohan, Regina (On the Application of) v Secretary Of State for the Home Department: Admn 28 Jul 2009

Klip and Kruger v Netherlands: ECHR 1997

The Commission heard a complaint that the parties’ article 12 rights were infringed because under Dutch Act on prevention and suppression of marriages of convenience, there had to be a systematic examination of all intended marriages involving aliens. This required the parties covered by the legislation to provide statements, which could lead the public prosecutor … Continue reading Klip and Kruger v Netherlands: ECHR 1997

NCN, Regina (on The Application of) v Secretary of State for The Home Department: Admn 17 Oct 2014

The claimant sought judicial review of decisions: ‘i) The SSHD’s decision: a) to refuse to accept that the Claimant’s representations amounted to a fresh asylum/human rights claim per para 353 of the Immigration Rules and/or b) not to exercise her discretion under paragraph 353B to treat the Claimant’s case on an exceptional basis ii) The … Continue reading NCN, Regina (on The Application of) v Secretary of State for The Home Department: Admn 17 Oct 2014

Dow Jones and Co Inc v Jameel: CA 3 Feb 2005

Presumption of Damage in Defamation is rebuttable The defendant complained that the presumption in English law that the victim of a libel had suffered damage was incompatible with his right to a fair trial. They said the statements complained of were repetitions of statements made by US authorities. The claimant had asserted that no more … Continue reading Dow Jones and Co Inc v Jameel: CA 3 Feb 2005

Akter (Appellate Jurisdiction, E and R Challenges) Bangladesh: UTIAC 22 Oct 2021

(1) GM (Sri Lanka) v Secretary of State for the Home Department [2019] EWCA Civ 1630 is not authority for the proposition that an appellate court or tribunal has a free-standing duty, derived from section 6 of the Human Rights Act 1998 (public authority not to act incompatibly with ECHR right), to disturb a decision … Continue reading Akter (Appellate Jurisdiction, E and R Challenges) Bangladesh: UTIAC 22 Oct 2021

Beoku Betts v Secretary of State for the Home Department: HL 25 Jun 2008

The appellant had arrived from Sierra Leone and obtained student permits. When they expired he sought asylum, citing his family’s persecution after a coup, and that fact that other members of his family now had indefinite leave, and he said that an order returning him to Sierra Leone would impinge on their right to family … Continue reading Beoku Betts v Secretary of State for the Home Department: HL 25 Jun 2008

HH v Deputy Prosecutor of The Italian Republic, Genoa: SC 20 Jun 2012

In each case the defendant sought to resist European Extradition Warrants saying that an order would be a disporportionate interference in their human right to family life. The Court asked whether its approach as set out in Norris, had to be amended in the light of the case of ZH. Held: HH and PH’s appeals … Continue reading HH v Deputy Prosecutor of The Italian Republic, Genoa: SC 20 Jun 2012

DA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 May 2019

Several lone parents challenged the benefits cap, saying that it was discriminatory. Held: (Hale, Kerr LL dissenting) The parents’ appeals failed. The legislation had a clear impact on lone parents and their children. The intention was to encourage claimants back into work. It was said that thus contradicted the other policy of providing no free … Continue reading DA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 May 2019

ZH (Tanzania) v Secretary of State for The Home Department: SC 1 Feb 2011

The respondent had arrived and claimed asylum. Three claims were rejected, two of which were fraudulent. She had two children by a UK citizen, and if deported the result would be (the father being unsuitable) that the children would have to return with her. Held: The mother’s appeal succeeded. The court had to consider the … Continue reading ZH (Tanzania) v Secretary of State for The Home Department: SC 1 Feb 2011

Neulinger And Shuruk v Switzerland: ECHR 6 Jul 2010

(Grand Chamber) The Swiss Court had rejected the claimant mother’s claim, under article 13b of the Hague Convention, that there was a grave risk that returning the child to Israel would lead to physical or psychological harm or otherwise place him in an intolerable situation. Held: To enforce the order would be an unjustifiable interference … Continue reading Neulinger And Shuruk v Switzerland: ECHR 6 Jul 2010

Kaplan, Regina (on The Application of) v Secretary of State for The Home Department: Admn 19 Mar 2009

Application for judicial review of a decision by the Secretary of State for the Home Department in a letter rejecting further representations submitted by the claimant on under Article 8 of the ECHR, and determining that the said representations did not constitute a fresh claim as defined by paragraph 353 of the Immigration Rules. Judges: … Continue reading Kaplan, Regina (on The Application of) v Secretary of State for The Home Department: Admn 19 Mar 2009

Robinson (Formerly JR (Jamaica)) v Secretary of State for The Home Department: SC 13 Mar 2019

Statutory right of appeal against decisions by the Secretary of State for the Home Department to refuse protection claims and human rights claims under Part 5 of the 2002 Act. Where a person has already had a human rights claim refused and there is no pending appeal, do further submissions that rely on human rights … Continue reading Robinson (Formerly JR (Jamaica)) v Secretary of State for The Home Department: SC 13 Mar 2019

AB (British Citizenship: Deprivation; Deliallisi Considered) Nigeria: UTIAC 28 Sep 2016

UTIAC (1) As held in Deliallisi (British citizen: deprivation appeal: scope) [2013] UKUT 439 (IAC), in an appeal under section 40A of the British Nationality Act 1981 the Tribunal is required to determine the reasonably foreseeable consequences of deprivation. (2) Whilst the Tribunal considering a section 40A appeal cannot pre-judge the outcome of any future … Continue reading AB (British Citizenship: Deprivation; Deliallisi Considered) Nigeria: UTIAC 28 Sep 2016

BA (Nigeria) v Secretary of State for The Home Department and Others: SC 26 Nov 2009

The court was asked whether the expression ‘an asylum claim, or a human rights claim’ in section 92(4)(a) of the 2002 Act includes any second or subsequent claim that the asylum seeker may make, or only a second or subsequent claim which has been accepted as a ‘fresh claim’ by the Secretary of State under … Continue reading BA (Nigeria) v Secretary of State for The Home Department and Others: SC 26 Nov 2009

Home Office (Central Government) FS50565262: ICO 9 Jun 2015

The complainant has requested information relating to illegal migrants who have been granted Discretionary Leave and in particular those who benefited from paragraph 353B of the Immigration Rules (Exceptional Circumstances). The Home Office refused this request on cost grounds under section 12(1) of the FOIA. The Commissioner’s decision is that the Home Office applied section … Continue reading Home Office (Central Government) FS50565262: ICO 9 Jun 2015

Regina (on The Application of Samir Boukhatem) v Secretary of State for The Home Department (FCJR): UTIAC 30 Aug 2013

Challenges as Wednesbury unreasonable decisions refusing to treat the applicant’s submissions as a fresh claim within the meaning of paragraph 353 of the Immigration Rules. Latter, Jordan UTJJ [2013] UKUT 464 (IAC) Bailii Imigration Rules 353 England and Wales Immigration Updated: 20 November 2021; Ref: scu.515459

EB (Kosovo) v Secretary of State for the Home Department: HL 25 Jun 2008

The claimant arrived as a child from Kosovo in 1999. He said that the decision after so long, it would breach his human rights now to order his return. Held: The adjudicator had failed to address the effect of delay. That was a relevant consideration, and the matter would have to be looked at again.Lord … Continue reading EB (Kosovo) v Secretary of State for the Home Department: HL 25 Jun 2008

Taylor v Lawrence: CA 4 Feb 2002

A party sought to re-open a judgment on the Court of Appeal after it had been perfected. A case had been tried before a judge. One party had asked for a different judge to be appointed, after the judge disclosed that he had been a client of the firm of solicitors representing the opposing party, … Continue reading Taylor v Lawrence: CA 4 Feb 2002

Regina v Sectretary of State for the Home Department ex parte Razgar etc: HL 17 Jun 2004

The claimant resisted removal after failure of his claim for asylum, saying that this would have serious adverse consequences to his mental health, infringing his rights under article 8. He appealed the respondent’s certificate that his claim was manifestly unfounded. Held: Mental health was part of the respect for private life protected by article 8. … Continue reading Regina v Sectretary of State for the Home Department ex parte Razgar etc: HL 17 Jun 2004

Regina v Secretary of State for the Home Department ex parte Razgar etc: HL 17 Jun 2004

References: [2004] UKHL 27, [2004] 3 WLR 58, Times 21-Jun-04, [2004] 2 AC 369, [2004] 3 All ER 821, [2004] INLR 349 Links: House of Lords, Bailii Coram: Lord Bingham of Cornhill, Lord Steyn, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Carswell The claimant resisted removal after failure of his claim for asylum, … Continue reading Regina v Secretary of State for the Home Department ex parte Razgar etc: HL 17 Jun 2004