Borak, R (on the application of) v Secretary of State for the Home Department, Court of Appeal - Administrative Court, July 30, 2004, [2004] 1 WLR 3129,[2005] ACD 29,[2004] EWHC 1861 (Admin)

Reporting Judge: [2004] 1 WLR 3129,[2005] ACD 29,[2004] EWHC 1861 (Admin)

President: Borak, R (on the application of) v Secretary of State for the Home Department

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Borak, R (on the application of) v Secretary of State for the Home Department, Court of Appeal - Administrative Court, July 30, 2004, [2004] 1 WLR 3129,[2005] ACD 29,[2004] EWHC 1861 (Admin)

Case No: CO/3079/2003

Neutral Citation Number [2004] EWHC 1861 (Admin)

IN THE HIGH COURT OF JUSTICE

QUEENS BENCH DIVISION

ADMINISTRATIVE COURT

Royal Courts of Justice

Strand,

London, WC2A 2LL

Friday 30th July 2004

Before :

THE HONOURABLE HARRISON

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Between :

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(Transcript of the Handed Down Judgment of

Smith Bernal Wordwave Limited, 190 Fleet Street

London EC4A 2AG

Tel No: 020 7421 4040, Fax No: 020 7831 8838

Official Shorthand Writers to the Court)

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Miss K. Cronin (instructed by Dexter Montague and Partners) for the Claimant

Miss K. Grange (instructed by The Treasury Solicitor) for the Defendant

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Judgment

Mr Justice HARRISON

Introduction

1. The claimant seeks judicial review of a decision of the Secretary of State for the Home Department dated 25 June 2003 to certify the claimant's fresh asylum claim under section 96 (2) of the Nationality, Immigration and Asylum Act 2002 (``the Act of 2002'').

Facts

2. The claimant is a Croatian citizen of Serbian ethnicity. He entered the United Kingdom on 8 January 1999 and claimed asylum. Following a refusal of his asylum claim by the Secretary of State, he appealed under section 8(1) of the Asylum and Immigration Appeal Act 1993 (``the Act of 1993'')

3. His asylum appeal was dismissed by an adjudicator on 11 August 2000. In paragraph 32 of his determination, the adjudicator found that the crux of the claimant's claim was that he was unable to return to Croatia because he feared that he would be conscripted into the Croatian army which he alleged was responsible for the murder of his father and some members of his family. For reasons given by him, the adjudicator found in paragraph 38 of the determination that the claimant did not leave Croatia because of fear of persecution. In paragrap...

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