R (on the application of Waqar) v Secretary of State for the Home Department

Immigration – Asylum. The defendant Secretary of State's letters, refusing the claimant's application to revoke his deportation order, stated that no right of appeal arose because the claimant's submissions had not amounted to a fresh claim. The claimant sought judicial review. The Upper Tribunal (Immigration and Asylum Chamber), in dismissing the application, held that submissions purporting to be a human rights claim did not, without more, trigger a right of appeal and para 353 of the Immigration Rules provided the mechanism to determine whether they amounted to a claim. As the claimant's submissions had been determined not to have been a claim, there was no decision and, thus, no right of appeal.

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