ZT (Kosovo) v Secretary of State for the Home Department [2009] UKHL 6, [2009] All ER (D) 38 (Feb)

Rule 353 of the Immigration Rules applies where a human rights or asylum claim has been refused and any appeal relating to that claim is no longer pending. Th e procedure it lays down must be applied if a claim has been refused and no appeal has been instituted. The secretary of state should apply the r 353 procedure in respect of cases that have been certifi ed under s 94 of the Nationality, Immigration and Asylum Act 2002, and should, in all cases, treat a claim as having a realistic prospect of success unless it is clearly unfounded.