All Articles: Fresh claims

Don’t forget about Article 8 in asylum cases

The success or failure of a fresh claim judicial review usually depends on the specific facts of the case and the quality of the Home Office’s reasoning in their decision letter. As a result they rarely contain points of general importance and are n ...

19th July 2018 By

Basic procedural fairness applies even when removal windows used

The High Court has issued a helpful reminder to the Secretary of State that basic rules of procedural fairness continue to apply, even in the thorny context of removal windows and detention. In R (AT & Ors) v Secretary of State for the Home Depart ...

13th December 2017 By

Fresh claims *might* generate right of appeal after all

Two further cases have added to the jurisprudence on whether it is possible under the Immigration Act 2014 to appeal against a refusal of a fresh protection claim. The cases are R (on the application of Sharif Hussein) v First-Tier Tribunal (para 353: ...

26th September 2016 By

Taimour Lay on Do It Yourself fresh asylum and human rights claims: video

A DIY approach is difficult in immigration law. Hardly a year goes by without the higher courts complaining about “a degree of complexity which even the Byzantine emperors would have envied” [as lamented by Jackson LJ in 2013]. This is even more o ...

8th January 2016 By

Reconsideration of old human rights applications

The Home Office has introduced a new policy on reconsideration of old human rights claims that were refused before 6 April 2015 with no right of appeal: Requests for reconsiderations of human rights or protection based claims refused without right of ...

21st May 2015 By