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Reported Case

RB (Sri Lanka), R (on the application of) v Secretary of State for the Home Department [2015] EWHC 813 (Admin) (31 March 2015)

Date: 31/03/2015
Duncan Lewis, Reported Case Solicitors, RB (Sri Lanka), R (on the application of) v Secretary of State for the Home Department [2015] EWHC 813 (Admin)

In the High Court of Justice - Queen’s Bench Division - Administrative Court

The Claimant, RB, challenges the Defendant's decisions to:

(i) refuse to treat his further submissions as amounting to a fresh claim for the purposes of paragraph 353 of the Immigration Rules by way of decisions dated 22nd October 2012, 20th November 2013 and 22nd December 2014; and

(ii) detain the Claimant where the Defendant was on notice of the clinical opinions of Dr Etkind and Dr Adil in reports and correspondence dated 26th of June 2012 and 2nd July 2012 respectively.

The Claim Form was filed on 22nd October 2012. Interim relief to stay removal of the Claimant and expedite the case was granted on 22nd October 2012 and permission to apply for judicial review was granted on 19th December 2012 after an oral hearing.

The Claimant's Further Amended Grounds beginning at page 140(vii) and dated 17th February 2015 set out that following the decision in GJ and Others (post-civil war returnees) Sri Lanka CG [2013] UKUT 319 (IAC) the Defendant of her own motion reconsidered the Claimant's case on 20th November 2013. Thereafter the hearing listed for 26th November 2013 was vacated by consent. The Claimant made further representations on 26th September 2014 and a decision was made by the Defendant on those representations on 22nd December 2014.

 

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