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Immigration – Asylum – Fresh claim – Detention. Court of Session: Dismissing two petitions for judicial review by a failed Iranian asylum seeker, challenging decisions refusing to treat his further submissions as fresh claim and to keep him in detention, the court held that the respondent had asked herself the correct question in relation to whether a fresh claim existed and her decision was not irrational, nor was it arrived at without anxious scrutiny, and the 34-month period the petitioner spent in detention pending deportation could not be said to have been unreasonable.
Immigration – Asylum – Fresh claim – Detention. Court of Session: Dismissing two petitions for judicial review by a failed Iranian asylum seeker, challenging decisions refusing to treat his further submissions as fresh claim and to keep him in detention, the court held that the respondent had asked herself the correct question in relation to whether a fresh claim existed and her decision was not irrational, nor was it arrived at without anxious scrutiny, and the 34-month period the petitioner spent in detention pending deportation could not be said to have been unreasonable.
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