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Isa Muazu Granted Stay of Removal pending the outcome of urgent oral hearing (5 December 2013)

Date: 05/12/2013
Duncan Lewis, Main Solicitors, Isa Muazu Granted Stay of Removal pending the outcome of urgent oral hearing

Legal 500 recommended Duncan Lewis solicitors have gained stay of removal in the case of Isa Muazu.

Duncan Lewis immigration solicitors have been granted a stay of removal for Isa Muazu pending the outcome of an oral judicial review hearing to be heard by the Upper Tribunal on 9th December 2013.

The order was made by Upper Tribunal Judge Lane on the morning of 4th December 2013.

Given issues raised by Mr Muaza’s solicitors, the Court has ordered an urgent hearing and that the Home Secretary be restrained from removing Isa until the outcome of the hearing. The Judicial Review focuses on the challenge to the Home Secretary’s decision to certify his asylum claim and remove him to Nigeria.

Following the refusal of Duncan Lewis Solicitors’ injunction to prevent Mr Muaza’s removal on 28th November 2013, the Home Office attempted to remove him by private jet.

The attempt to remove him failed as the Nigerian authorities refused the plane permission to land which meant that the plane carrying "gravely-ill" Mr Muaza had to land in Malta for several hours.

Since returning to the UK, Mr Muaza has been returned to the medical wing at Harmondsworth.

The Home Office did not comment on the developments of the case, but were understood to be working with the Nigerian government to try and secure Mr Muaza’s removal.

The Home Office earlier this week notified parties and court that they were planning to remove Isa in the next two weeks.

Proceedings were issued and the hearing is to take place on December 9th at the Upper Tribunal (Immigration and Asylum Chamber).

Toufique Hossain Public law/ Immigration law Director of Duncan Lewis Solicitors, said;

“We welcome this order restraining the SSHD in relation to any further attempt at removal until the outcome of the oral hearing, this is what we wanted all along, and thanks to the Home Secretary’s incompetence we now have it”.

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