There does not have to be a change in the nature of the persecution to be feared for a new claim to asylum.
Held: ‘When clear and cogent evidence of the same fear of the same persecution for the same Convention reason, let us say of the possibility of the execution of an applicant on return, becomes available which was not previously not available, can it really be right to treat that as not amounting to a new claim for asylum?’
Judges:
Peter Gibson LJ
Citations:
[2001] EWCA Civ 328, [2001] IAR 399
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Balamurali, Sandhu v Secretary of State for the Home Department CA 15-Dec-2003
The applicants challenged certificates from the respondent that their appeals were mere delaying tactice.
Held: The section aimed to grant specific rights of appeal, to ensure that all possible appeal issues were decided, and to prevent abuse. . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 31 May 2022; Ref: scu.147458