*Robinson (formerly JR (Jamaica)) v Secretary of State for the Home Department

Immigration – Deportation. A 'human rights claim' in s 82(1)(b) of the Nationality, Immigration and Asylum Act 2002, as amended, meant an original human rights claim or a fresh human rights claim within r 353 of the Immigration Rules (the Rules). Accordingly, where a person had already had a protection claim or a human rights claim refused and there was no pending appeal, further submissions which relied on protection or human rights grounds, had to first be accepted by the Secretary of State as a fresh claim, in accordance with r 353 of the Rules, if a decision in response to those representations was to attract a right of appeal under s 82 of the Act. The Supreme Court so ruled in dismissing the appellant foreign criminal's appeal, concerning decisions that further representations made on his behalf in respect of a deportation order did not amount to a fresh human rights claim under r 353 of the Rules, and that he had no right of appeal.

Category: