QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Strand London WC2 |
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B e f o r e :
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THE QUEEN ON THE APPLICATION OF MARINO CANO GONZALES | (CLAIMANT) | |
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SECRETARY OF STATE FOR THE HOME DEPARTMENT | (DEFENDANT) |
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Smith Bernal Wordwave Limited
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
MR R KELLAR (instructed by Treasury Solicitor) appeared on behalf of the DEFENDANT
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Crown Copyright ©
Wednesday, 18th May 2005
"... the Secretary of State will determine whether any further representations should be treated as a fresh application for asylum. The Secretary of State will treat representations as a fresh application for asylum if the claim advanced in the representations is sufficiently different from the earlier claim that there is a realistic prospect that the conditions set out in paragraph 334 will be satisfied."
"In considering whether to treat the representations as a fresh claim, the Secretary of State will disregard any material which:
(i) is not significant; or
(ii) is not credible; or
(iii) was available to the applicant at the time when the previous application was refused or when any appeal was determined."