YC v Secretary of State for the Home Department

Immigration – Asylum – Fear of persecution – Fresh claim – Expert evidence. Court of Session: Refusing a reclaiming motion in judicial review proceedings by a Chinese national who challenged a decision that her further submissions did not amount to a fresh asylum and human rights claim on the basis of her breach of Chinese family planning policy, the court concluded that the Lord Ordinary had not erred in refusing the petition and holding that the respondent's decision that the petitioner would not be entitled to rely, in support of her own appeal, on evidence given by an expert witness in another case, was not unreasonable or irrational.

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