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R (Ngirincuti) v Secretary of State for the Home Department [2008] EWHC 1952 (Admin)

DATE: 15 Jul 2008

Blake J. quashed the Secretary of State’s refusal to accept the Claimant’s evidence as giving rise to a fresh claim and declared the Claimant was entitled to a right of appeal before an Immigration Judge against any further refusal. The Claimant’s original claim was decided on the fast track but she had been given no opportunity to present medical evidence relating to rape and torture. The new evidence now presented was capable of disturbing the previous findings of the Immigration Judge.

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