Is the tire centered on the fork?
What is the bracket for?
Are you sure that the hex bolt is supposed to be there?
In other words, look at it, and if there is something you can swap from one side to the other, swap it. Or pile on extra washers untill you fork no longer absorbs shock, but it dosn't rub anymore.
What part of the fender does it rub on?
Is the bracket that holds the fender bent?
Is the fender itself bent?
Are the bolts on one side too long?
Sorry that I'm asking so many questions, but it could be a lot of things making it rub, not just the tire itself.