25 September 2008
R (on the application of YH) v Secretary of State for the Home Department [2008] EWHC 2174 (Admin), [2008] All ER (D) 68 (Sep)
Rule 353 of the Immigration Rules applies to a case when a person whose claim for asylum or leave to remain on human rights grounds is refused, leaves the UK but then returns and makes another claim. It follows that, should the subsequent claim be rejected and there is no fresh asylum or fresh human rights claim, there is no in-country right of appeal.
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