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 (fresh claims) of the immigration rules in the light of the changes to the appeal regime made by the Immigration Act 2014, together with its decisions:-
(i) to amend, but without bringing into force, the prospective amendments made in 2006 to the definition of ‘human rights claim’ in section 113 of the Nationality, Immigration and Asylum Act 2002; and
(ii) to amend the existing definition of ‘human rights claim’ in the light of the 2014 Act,
show that Parliament intends paragraph 353 to be used to determine whether further submissions constitute a fresh human rights claim for the purpose of ‘new’ section 82 of the 2002 Act.
(3) If, in the post-2014 Act world, Parliament had intended paragraph 353 to apply only to the Secretary of State’s certification decisions, then Parliament would have made this plain. If the applicant were correct that paragraph 353 currently has only such a limited ambit, commencing the 2006 amendments to section 113 of the 2002 Act would not enable the Secretary of State to make any significantly greater and/or coherent use of paragraph 353.
(4) Parliament’s decision to leave in place the expressions ‘submissions’ and ‘if rejected’ in paragraph 353 are indicative that they continue to serve the function of permitting the Secretary of State to categorise cases as between those that do not amount to a claim at all and those which, though rejected, amount to a fresh human rights claim for the purposes of ‘new’ section 82.
(5) The Secretary of State is not the sole arbiter of whether, in any particular case, she has made a decision to refuse a human rights claim, as opposed to refusing to treat submissions as amounting to a fresh claim.
[2016] UKUT 409 (IAC)
Bailii
England and Wales
Cited by:
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 16 January 2022; Ref: scu.570459
