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My understanding of the OP from "In March 2010 she then approached the Home Office" was that the asylum claim was not submitted until then, after he lost his job. In that case any issue would be covered under 'One-stop' procedures.zhashim wrote:
You say your wife came to the country in 2007, and I am sure that you made your application for asylum immediately thereafter. Having now had a child, your circumstances have changed and you can therefore move to have your asylum application submitted as fresh due to the provision of fresh evidence (e.g. birth of your child); the UKBA will have to take notice of this, as per R v SSHD ex parte Mahmood [2001] WLR 840 CA.
Forgive me, I do believe you are correct. I must have misread part of the original postMr Rusty wrote:My understanding of the OP from "In March 2010 she then approached the Home Office" was that the asylum claim was not submitted until then, after he lost his job. In that case any issue would be covered under 'One-stop' procedures.zhashim wrote:
You say your wife came to the country in 2007, and I am sure that you made your application for asylum immediately thereafter. Having now had a child, your circumstances have changed and you can therefore move to have your asylum application submitted as fresh due to the provision of fresh evidence (e.g. birth of your child); the UKBA will have to take notice of this, as per R v SSHD ex parte Mahmood [2001] WLR 840 CA.
Perhaps the OP can enlighten us.
But irrespective of the date of her claim, the existence of the child is something which should have been considered at the first appeal hearing, and certainly shall be at the Tribunal, and the OP could not credibly seek to advance it as a "new situation" subsequently. I can't see where "Ex Parte Mahmood" has any relevance.zhashim wrote:Forgive me, I do believe you are correct. I must have misread part of the original postMr Rusty wrote:My understanding of the OP from "In March 2010 she then approached the Home Office" was that the asylum claim was not submitted until then, after he lost his job. In that case any issue would be covered under 'One-stop' procedures.zhashim wrote:
You say your wife came to the country in 2007, and I am sure that you made your application for asylum immediately thereafter. Having now had a child, your circumstances have changed and you can therefore move to have your asylum application submitted as fresh due to the provision of fresh evidence (e.g. birth of your child); the UKBA will have to take notice of this, as per R v SSHD ex parte Mahmood [2001] WLR 840 CA.
Perhaps the OP can enlighten us.
No doubt about that, but whether or not the birth post-dates the asylum claim, the fact is that this case is still under appeal and it is inconceivable that the fact of the birth has not/will not feature in the appeal process.zhashim wrote:.. the birth of the child has relevance to private and family life....
"My wife joined me in 2007 as a dependent and in April 2009 we had a baby............zhashim wrote:My (mis)interpretation of the OP was that the asylum application was made prior to the birth of the child. Since the birth of the child has relevance to private and family life, that is where Mahmood would apply.