JMG, petitioner

Immigration – Deportation – Foreign criminal – Fresh claim – Risk of persecution as homosexual. Court of Session: Granting a judicial review petition by a Gambian citizen, an overstayer, whom the Home Secretary had decided to deport following his imprisonment for a drugs offence, and whose asylum claim had been rejected and appeal dismissed by the First Tier Tribunal after it disbelieved his contention that he was homosexual and would be persecuted if deported, the court held that the respondent had erred in law in deciding that the petitioner's further submissions, including a new medical report, did not amount to a fresh claim, and she had provided inadequate reasoning for her conclusion that the further submissions did not create a realistic prospect of success before an immigration judge.

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