Key Facts
- •Leonard Ogilvy (aka Olusegun Adedeji Alakija), a Nigerian national, applied for permission to appeal a decision refusing him permission to judicially review the refusal of his fresh human rights claim challenging deportation to Nigeria.
- •Ogilvy's immigration history is long and complex, including a conviction for fraud and multiple claims of statelessness previously rejected by the courts.
- •The Secretary of State refused to accept Ogilvy's further representations as a fresh claim, relying heavily on previous findings that Ogilvy is a Nigerian national.
- •Ogilvy's further representations included an oblique argument regarding the remoteness of his removal to Nigeria due to a lack of travel documents.
- •The court considered whether the Secretary of State acted irrationally in not recognizing arguable fresh claims of statelessness or irremovability.
Legal Principles
The court will not allow an application for judicial review on statelessness when a separate statelessness application has already been refused and the appropriate vehicle for challenge would be judicial review of the refusal of that application.
The judgment of Lord Justice Underhill
The Secretary of State is entitled to take the view that the applicant should first attempt to obtain travel documents from the Nigerian authorities with a truthful account of their nationality, and support from the UK authorities if necessary.
The judgment of Lord Justice Underhill
Even if a person liable for deportation refuses to co-operate, the Secretary of State may eventually be required to take the initiative in persuading foreign authorities to issue travel documents. Failure to do so may necessitate revoking the deportation order and granting leave to remain.
The judgment of Lord Justice Underhill
Outcomes
Permission to appeal was refused.
The court found no arguable error of law in the Secretary of State's decision, as it reasonably responded to the material supplied. The applicant had not yet made a good faith attempt to obtain travel documents from Nigerian authorities using the correct information.
The court expressed concern about the ongoing impasse and expects the Home Office to act promptly to engage with Nigerian authorities to secure travel documents.
If the Home Office fails to persuade the Nigerian authorities, the Secretary of State must reconsider the deportation order.