R v Secretary of State for the Home Department, ex parte Onibiyo
| Jurisdiction | England & Wales |
| Judgment Date | 19 January 1996 |
| Date | 19 January 1996 |
| Court | Queen's Bench Division |
Queen's Bench Division
Before Mr Justice Latham
Immigration - asylum application - only one right of appeal
Where an asylum application had been rejected by the Secretary of State for the Home Department and on appeal, any renewed claim made without an intervening absence from the United Kingdom would be a mere extension of the original application to be considered at the secretary of state's discretion with no further right of appeal to an adjudicator.
Mr Justice Latham so held in the Queen's Bench Division when dismissing the application of Ademola Onibiyo for, inter alia, certiorari to quash refusals of the Home Secretary of December 12, 1995 (i) of an application for asylum and (ii) to refer fresh material to the immigration appellate authorities.
The applicant made a claim for asylum which was refused on appeal by the special adjudicator on September 26, 1995 and then, because new facts had emerged, he made a further application on November 30, 1995.
Mr Nicholas Blake, QC and Mr Duran Seddon for Onibiyo; Mr Neil Garnham for the secretary of state.
MR JUSTICE LATHAM said that an application for leave to enter the United Kingdom might be made on a number of different grounds. One of those grounds was a claim for asylum.
Such an application, on a proper construction of sections 3 and 13 of the Immigration Act 1971, was held in R v Immigration Appeal Tribunal, Ex parte Secretary of State for the Home DepartmentWLR ([1990] 1 WLR 1126) to be capable of being a separate application, if made subsequent to an application rejected on other grounds.
The effect of the Asylum and Immigration Appeals Act 1993 had been to provide a separate statutory scheme for applications based upon a claim for asylum.
There was nothing in the decision or reasoning of the Court of Appeal in Ex parte Secretary of State for the Home Department to suggest that such an application could itself be subdivided, in the sense that an application for asylum on one basis was to be considered to be separate from an...
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