Amanda is a highly valued Law Friends Speaker, based at Great James Street Chambers. She specialises in immigration and public law, advising and appearing in numerous immigration matters. She has much experience in judicial review, which represents one of her areas of expertise.

In this presentation, Amanda provides us with another essential immigration law update. She explains two of the largest categories of judicial review within immigration law: fresh claims under the Immigration Rules Paragraph 353 and certification under the Nationality, Immigration and Asylum Act 2002 s.94. She highlights significant similarities and differences between these two categories, outlining legal tests, how judicial claims arise, and how to prepare for them. She also discusses credibility considerations and anxious scrutiny in asylum decisions and judicial review. 

Key words/topics

Immigration Rules Paragraph 353

The Nationality, Immigration and Asylum Act 2002 s.94

First Tier Tribunal

Upper Tribunal

Fresh claims

Clearly unfounded challenges

Legal tests

Credibility considerations

Anxious scrutiny 

Asylum decisions 

WM (DRC) v SSHD [2006] EWCA Civ 1495

Devaseelan [2002] UKIAT00702

FR (Albania) and KL (Albania) v SSHD [2016] EWCA Civ 605

R (Alnoor) v Secretary of State for the Home Department [2025] EWHC 922

R (YH) v SSHD [2010] EWCA Civ 116

ex parte Bugdaycay [1987] 1 AC 514