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Immigration – Asylum – Fresh claim. Court of Session: Refusing a judicial review petition in which a failed Iraqi asylum seeker challenged a decision that his further submissions did not give rise to a fresh claim, the court held that the petitioner had failed to discharge the onus upon him to produce positive evidence demonstrating on the balance of probabilities that he could not return to Iraq and the respondent had not erred in law in applying the policy described in her decision letter that factors affecting the practicality of return, such as the difficulty of obtaining a travel document, should not be taken into account when considering the merits of an asylum or human rights claim.
Immigration – Asylum – Fresh claim. Court of Session: Refusing a judicial review petition in which a failed Iraqi asylum seeker challenged a decision that his further submissions did not give rise to a fresh claim, the court held that the petitioner had failed to discharge the onus upon him to produce positive evidence demonstrating on the balance of probabilities that he could not return to Iraq and the respondent had not erred in law in applying the policy described in her decision letter that factors affecting the practicality of return, such as the difficulty of obtaining a travel document, should not be taken into account when considering the merits of an asylum or human rights claim.
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