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Fresh Claims for Asylum andor Human Rights Under The Immigration Rules

Speaker:  Amanda Jones
Date: Spring 2025

Immigration

Amanda is a specialist in immigration and public law. She has advised and appeared in numerous immigration matters in the Court of Appeal, and in the Administrative Court on appeals, judicial review and injunctions. Amanda is instructed in asylum cases and also deals with entry clearance work, including the points-based system, visitors, and family reunion, deportation appeals in relation to criminal convictions or alleged terrorist connections, and cases in which a threat to national security is alleged.

 Amanda outlines the mechanics of paragraph 325 of the immigration rules which determine whether or not submissions qualify as fresh claims and therefore whether or not a new right of appeal is granted under the Nationality, Immigration and Asylum Act 2002 s. 82. She outlines a two-part Fresh Claims test, before describing the different types of fresh claims and judicial review proceedings.

 

Key words/topics

 Paragraph 353 of the Immigration Rules

Nationality, Immigration and Asylum Act 2002 s. 82

Fresh claims test

“Anxious Scrutiny”

WM (DRC) v SSHD [2006] EWCA Civ 1495

Devaseelan [2002] UKIAT00702

Judicial review

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