Fresh asylum claim in the Admin Court  

8 August 2011

In an ex tempore judgment on 5 August 2011 HHJ Waksman QC allowed the Claimant's application for judicial review in Heidari v SSHD.  Although the Claimant has been disbelieved by an Immigration Judge she relied upon additional fresh evidence to support her claim that she had been subjected to domestic violence by her husband and had been accused of adultery by him, thereby placing her at risk in Iran.  HHJ Waksman QC considered that the Defendant's consideration of the fresh evidence was irrational and insufficient attention was paid to the corroborative evidence provided by experts and the Claimant's children.  Significantly it was recognised that the fact that a Claimant had been disbelieved in the past was not sufficient reason to ignore fresh expert evidence which tended to support the Claimant's credibility.  In taking that approach it was considered that the Defendant had placed the 'cart before the horse'. 
 
Melanie Plimmer acted for the Claimant and Sam Karim acted for the Defendant.