Permission to bring judicial review proceedings granted in a paragraph 353 fresh claim judicial review

The Upper Tribunal has granted permission to bring judicial review proceedings following an application on the papers for our Afghan client who had received threats from the Taliban. Whilst the Secretary of State had accepted that the Taliban had threatened him, she did not accept that he remained at risk. We drafted further submissions in this case and provided an expert report from our trusted panel. On reading grounds of review drafted by Mr Jay Gajjar of Imperium Chambers and the expert report, the Upper Tribunal granted permission for judicial review on the basis “it was irrational and unlawful for the Respondent to conclude that the fresh evidence taken together with that previously considered did not create a reasonable prospect of success before a different First-tier Tribunal Judge.”