R v Secretary of State for the Home Department, ex parte Boybeyi
| Jurisdiction | England & Wales |
| Judgment Date | 14 May 1997 |
| Date | 14 May 1997 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Before Lord Justice Nourse, Lord Justice Evans and Lord Justice Ward
Immigration - asylum application - further application a fresh asylum claim
When dealing with applications for asylum, the Home Secretary, having rejected one claim by an applicant, was bound to treat a further claim by that applicant based on new, apparently credible evidence of which a favourable view could be taken as a fresh claim for asylum. That issue, against which decision the applicant had no right of appeal, was separate from the second issue the Home Secretary had to decide, namely whether the claim should be acceded to or rejected and which gave the applicant the right of appeal to a special adjudicator.
The Court of Appeal so held dismissing an appeal by the Home Secretary from the judgment of Mr Justice Sedley on January 24, 1997, in proceedings for judicial review quashing a decision of the Home Secretary refusing to consider new evidence produced by the applicant, Coskun Boybeyi, as a fresh claim for asylum.
Mr Ian Ashford-Thom for the secretary of state; Miss Christa Fielden and Mrs Joanne Rothwell for the applicant.
LORD JUSTICE NOURSE said that the question was whether the Home Secretary's refusal to treat a claim based on new evidence as a fresh claim for asylum ought to be reviewed on WednesburyELR grounds ([1948] 1 KB 223): see R v Secretary of State for the Home Department, Ex parte OnibiyoTLRELR (The Times April 2, 1996; [1996] QB 768) and R v Secretary of State for the Home Department, Ex parte RavichandranTLR (The Times May 13, 1996; [1996] Imm AR 418).
The applicant was a Turkish Kurd who had applied for asylum on his arrival on March 14, 1994. That application was refused, the special adjudicator not dissenting from the Home Secretary's view that an arrest warrant produced by the applicant in support of his application was a forgery.
In April 1996, after directions for the applicant's removal had been given, his solicitors informed an immigration officer that they had received from Turkey a faxed copy of another warrant for his arrest.
That warrant, purported to have been issued on March 14, 1996, in respect of an offence committed in 1992, described the applicant as being "a member of an illegal organisation and taking part in the organisation's activities".
The Home Secretary in a letter of June 14, 1996, refused to...
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