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R. (on the application of ZA (Nigeria)) v Secretary of State for the Home Department. [2010] EWCA Civ 926; [2011] 2 W.L.R. 16; [2010] Imm. A.R. 776; [2011] I.N.L.R. 78. Court of Appeal (Civil Division)

DATE: 30 Jul 2010

The court reconciled the Immigration Rules para.353 and the Nationality, Immigration and Asylum Act 2002 Pt 5 and examined the effect of relevant case law. Distinguishing R. (on the application of PE (Cameroon)) v Secretary of State for the Home Department [2009] UKSC 7, [2010] 1 A.C. 444 it determined that that case was confined to circumstances where there was an appealable immigration decision. However, where further submissions fell short of a “fresh claim” for asylum, para.353 was applicable in place of the regime under the Act.