News

Court of Appeal decision in ZA (Nigeria)
30 July 2010

Robin Tam QC was leading counsel for the Secretary of State in ZA (Nigeria) v Home Secretary, in which the Court of Appeal has affirmed the continuing existence of the "fresh claims" mechanism in dealing with asylum and human rights claims. Under that mechanism, a failed asylum seeker who makes further submissions that he should be allowed to stay on asylum or human rights grounds will not get a further appeal unless his submissions amount to a "fresh claim", judged by a test first established in 1996. The Court of Appeal held that this mechanism remains in force despite the decision of the Supreme Court in BA (Nigeria), which had appeared to cast doubt on it, and reconciles that decision with the slightly earlier decision of the House of Lords in ZT (Kosovo).