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Isa Muaza removed to Nigeria after out of hours court appeal refused (18 December 2013)

Date: 18/12/2013
Duncan Lewis, Main Solicitors, Isa Muaza removed to Nigeria after out of hours court appeal refused

SA MUAZU V SSHD JR/5068/2013

After a long legal battle, Isa Muazu has been removed by private charter to Nigeria following an out of hours court appeal being refused by Court of Appeal Judge.

Nigerian born Isa Muazu, 45 who went on hunger strike for three months has been removed to Nigeria after a long and gruelling legal battle, a failed removal attempt and repeat incarceration at Harmondsworth Detention Centre, despite his critical condition.

Mr Muazu’s solicitors, Duncan Lewis, applied for permission for a judicial review on a number of decisions to certify and maintain certification of Mr Muaza’s asylum claim. This was refused by the upper tribunal on the 18th December (2013).

Following this, the Legal Aid law firm appealed against the decision to the Court of Appeal on the same day. Sir Stanley Burnton refused interim relief for a stay of removal on the papers.

Duncan Lewis’ Immigration solicitors then renewed the matter to an out of hours Court of Appeal Judge at around 9pm that day. Lord Justice Floyd refused the solicitor’s oral application and Mr Muazu was removed to Nigeria at around 10.30pm the same day.

Toufique Hossain, Public Law Director and solicitor in Mr Muaza’s says:

“We are extremely disappointed by the judgment handed down by the Upper Tribunal yesterday morning. We felt that the substantial evidence produced before the tribunal more than justified the granting of a stay and permission to apply for a judicial review. Although we are disappointed with the decision we will continue to fight for Mr Muazu even though he is outside the country. With respect, we maintain that there are significant errors of law in the Upper Tribunal judgment and we intend to pursue our appeal at the Court of Appeal.

This case has been extremely difficult to litigate given the contracted timeframe pushed by the Home Secretary. We will not give up on him. On behalf of Isa, I would like to specifically thank his barristers and team including Sonali Naik, Raza Halim, David Neale and Jennifer Blair all at Garden Court Chambers”.

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