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Duncan Lewis injunction to stop removal of Isa Muazu refused by High Court and Court of Appeal Judges (29 November 2013)

Date: 29/11/2013
Duncan Lewis, Main Solicitors, Duncan Lewis injunction to stop removal of Isa Muazu refused by High Court  and Court of Appeal Judges

Isa Muazu v SSHD

Duncan Lewis Solicitors took on the case of Isa Muazu on Thursday 28th November 2013 filing an injunction to prevent his removal from the UK which was refused by the High Court Judge and the Court of Appeal

Legal 500 recommended Law frim, Duncan Lewis worked to file an injunction that would prevent Muazu’s removal on the 28th November 2013. The application for the injunction was refused by the High Court Judge late on Thursday night. Today, an early morning renewal to the Court of Appeal was also refused.

Isa Muazu‘s case has been under the media spotlight as of recent due to his hunger strike protest against his removal to his native country of Nigeria where he fears he will be killed by Islamic extremists on his return. His hunger strike lasted for over 100 days.

Muazu has been held in immigration in detention since he claimed asylum in July as part of a tougher fast-track system. The 45-year-old has been on hunger strike for most of that time, refusing food and he told the Independant that he would “rather die than return home”.

Muazu, despite being 5 foot 11 tall, weighs just 53 kilos and described himself as looking like a skeleton.

The case that Muazu was being held unlawfully was rejected in the Court of Appeal on 25th November 2013. He originally claimed asylum in July, saying that he faced persecution from the hardline Islamic group Boko Haram. His case was fast-tracked and was refused in August, just seven days after his interview.

Duncan Lewis solicitors made final attempts to prevent his removal on the 29th November, arguing that Mr Muazu, who is now described as being “close to death”, is too unwell to fly.

Mr Muazu’s removal was originally set by scheduled flight for 27th November 2013. This was then rearranged for “express reasons of administrative preference and re-set late on Tuesday 26th November for Friday 28th November at 8.00 by charter flight”.

Toufique Hossain Public law/Immigration law Director of Duncan Lewis Solicitors, acting for Mr Muazu in relation to these proceedings, said on the decision;

“The Home Secretary went to great lengths to remove this seriously ill man from the UK. She didn't allow him an in country right of appeal against his asylum refusal; at massive expense to taxpayers, she hired a private charter plane to remove Mr Muazu to Nigeria today- no other returnee was on the plane; for the out of hours injunction she instructed Queen's counsel to make submissions.

The court was not willing to intervene at such a late stage. We do not know how Mr Muazu is as we lost contact with him late last night. We fear for his safety now on return but we will be looking at pursuing further appeals if we do make contact with him in Nigeria. He should not have been removed from the UK.”

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