QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL
B e f o r e :
| THE QUEEN ON THE APPLICATION OF
YASIN AHMED HAMA
|- and -
|THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Mr Robert Kellar for the Defendant
Hearing dates: 2 May 2008
Crown Copyright ©
Mr Justice Wyn Williams:
"It is our opinion that full and fair consideration has already been given to your claim of torture, and they have been refused. Therefore we are not prepared to give further consideration to your letter without evidence."
"(1) The two decisions not to recognise that the Claimant's representations of 18th and 27th March 2008 satisfied rule 353 of the Immigration Rules, and (2) the decision to remove the Claimant from the UK."
""28. I have examined the document which is issued by the Kurdish authorities in Sulayimaniya. As it can be seen, this document is very simple and as a result of my tests, which is outlined above, cannot strongly justify that it is reliable. However, I suggest that the document should be taken seriously.
29. I understand that no one can confirm the authenticity of documents issued by the Kurdish authorities beyond any doubt. I can only give my opinion of what is reasonable to happen in the region and whether the documents can pass my tests.
30. I believe that no document should be taken in isolation with the overall case of the appellant. The document should corroborate the Appellant's overall account.
31. It should be clear that as an expert, I do not pass judgment, only give opinions."
"It is clear that paragraph 353 applies to the circumstances of this case. The Claimant had made an earlier asylum claim in the United Kingdom which had been refused. The Claimant has exhausted his appeals rights against that decision as the time limit for challenging the Adjudicator's determination has long expired. His further submissions raised matters under the ECHR and the Refugee Convention. Paragraph 353 of the Immigration Rules therefore applies to the Claimant's second asylum claim. That he left the United Kingdom in the interim is irrelevant."
"When a human rights or asylum claim has been refused and any appeal relating to that claim is no longer pending, the decision maker will consider any further submissions and, if rejected, will then determine whether they amount to a fresh claim. The submissions will amount to a fresh claim if they are significantly different from the material that has been previously been considered. The submissions will only be significantly different if the content:
(1) had not already been considered;
(2) taken together with the previously considered material, created a realistic prospect of success, notwithstanding its rejection.
This paragraph does not apply to claims made overseas."