Kumar, R (on the application of) v Secretary of State for the Home Department

[2004] EWHC 584 (Admin)

Summary

The supplied judgment text records argument about whether postdating evidence can support a fresh human-rights claim. It does not contain the court’s reasons, determination or final order. No ratio decidendi or binding legal proposition can therefore be identified from the supplied text.

Factual background

The claimant sought judicial review concerning a proposed fresh claim based on the situation of Sikh and Hindu communities in Afghanistan. The issue argued was whether information published after the earlier adjudication was sufficiently new, relevant and material to require consideration as a fresh claim. The supplied text contains submissions for both parties but ends before the court gives judgment.

Held

The supplied text ends after counsel’s submissions. It contains no judicial reasoning, findings, disposition or final order. The court’s decision on whether the material constituted a fresh claim is therefore not stated in the judgment text supplied.

The court’s approach to earlier authorities

Available to signed-in members.

Key cases cited

Available to signed-in members.

Cases citing this case

Available to signed-in members.