Whether new material provided by the asylum applicant amounted to a fresh claim. The claimant brought new evidence of mental illness and stress.
Held: Though sad, it could not be said that the existence of mental illness in an asylum applicant was very exceptional. To establish such a case, the applicant would have to show that his particular mental illness was very exceptional within the class of applicants in the claimant’s position, in this case being an applicant without family support.
Judges:
Lord Justice Sedley, Lord Justice Longmore and Lord Justice Aikens
Citations:
[2009] EWCA Civ 1354, Times 19-Jan-2010
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 11 August 2022; Ref: scu.384063
