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Reported Case

The Queen (on the application of NCN) - and - Secretary of State for the Home Department [2014] EWHC 3378 (Admin) (29 October 2014)

Date: 29/10/2014
Duncan Lewis, Reported Case Solicitors, The Queen (on the application of NCN) - and - Secretary of State for the Home Department [2014] EWHC 3378 (Admin)

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

This is a substantive hearing in Judicial Review proceedings. The Claimant is to be known in this judgement as NCN (represented by Ms Naik). She challenges three decisions of the Secretary of State for the Home Department (SSHD) (represented by Mr Roe QC) as follows:

i) The SSHD's decision of 26th November 2012:

a) to refuse to accept that the Claimant's representations of 21st November 2012 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 SSHD's decision of 22nd November 2012 to set removal directions in respect of the Claimant for 27th November 2012 and to maintain those prior (it is alleged) to any or any proper and lawful consideration of the 21st November 2012 representations. (The Claimant recognises that the order granting permission does not grant permission to challenge the decision to set removal directions in themselves. In addition the decision to set removal directions has long since passed and is now academic. If the claim fails then the SSHD will set new removal directions; if the claim succeeds the SSHD will not seek to remove pending the appeal.)

iii) The SSHD's decision of 5th December 2013

a) to refuse to accept the Claimant's representations dated 13th September 2013 and 19th September 2013 amounted to a fresh asylum/human rights claim, and

b) the failure of the SSHD to exercise her discretion under paragraph 353B to treat the Claimant's case on an exceptional basis.

 

Find full details of this case on Bailii’s website here.
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