R (on the application of Suthananan) v. Secretary of State for the Home Department

"The court accepted the legal finding submitted by Judge Hickinbottom:
""The defendant was justified in not accepting the representations as a fresh claim. On 23 February 2003, the IAT found at paragraph 27 that it was unlikely that the claimant was recorded as being wanted in Sri Lanka, and in the circumstances, he was not at risk on return as being of no interest to the authorities. Although the general situation in Sri Lanka has worsened since then, there is no cogent evidence that the risk to the claimant upon return has increased. Given the earlier finding of fact, the defendant was entitled to conclude that the recent guideline case of LP did not assist the claimant, and that the claimant had failed to overcome even the modest hurdle for fresh claims set out in WM (DRC) [2006] EWHC Civ 1495 at paragraph 7, ie informed by anxious scrutiny the content of the new representations taken with the previously considered material did not create a realistic prospect of success in an application to an immigration judge."" (para.1)"