ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
(MR CHRISTOPHER SYMONS QC)
Strand, London, WC2A 2LL
B e f o r e :
SIR RICHARD BUXTON
| The Queen (on the application of) AA
|- and -
|Secretary of State for the Home Department
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Mr Paul Greatorex (instructed by Treasury Solicitor) appeared on behalf of the Respondent.
Crown Copyright ©
Sir Richard Buxton:
"The submissions will amount to a fresh claim if they are significantly different from the material that has previously been considered. The submissions will only be significantly different if the content:
(i) had not already been considered; and
(ii) taken together with the previously considered material, created a realistic prospect of success, notwithstanding its rejection." "
"Despite the shortcomings in the judicial process in Pakistan at all levels, due to inadequate resources, heavy workloads, delays, corruption in the lower courts, the updated objective evidence in the July 2009 Report [that was a country of origin report, that was before her and was available to the parties] shows that all the judges fired by Musharraff who had a reputation for independence have been restored. They had been sacked to be replaced by judges more willing to support the executive. Although the Appellant may face a trial process with shortcomings, it falls short of establishing as it stated in MI a real possibility of a thoroughly unfair trial. I have made my position clear on the fact that there would be no punishment because of the Appellant's cast iron alibi [that is the fact that he was actually in the United Kingdom when this murder took place]."
Lord Justice Longmore:
Order: Appeal allowed