SV, petitioner

Immigration – Asylum – Fresh claim – Sur place activities. Court of Session: Granting a judicial review petition by a failed Sri Lankan asylum seeker, who had produced what was said to be new evidence in relation to his sur place activities in the UK, challenging a decision refusing to accept his further submissions as a fresh asylum claim, the court held that there was evidence before the respondent from which the inference could be drawn that the petitioner had been involved in sur place activities in the UK and that as a result of those activities he was at risk on return to Sri Lanka, the respondent had failed to fulfil the requirement of anxious scrutiny and she had acted unreasonably in concluding that there was no realistic prospect of success in an appeal to the First-tier Tribunal.

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