Ngene v Secretary Of State For Home Department [2002] EWCA Civ 185 (8 February 2002)

Ngene v Secretary Of State For Home Department [2002] EWCA Civ 185 (8 February 2002)

The Court held that the Immigration Appeal Tribunal was entitled to reverse the adjudicator's findings as to the risk of inhuman or degrading treatment in Nigerian prisons and the likelihood of Decree 33 being applied. The adjudicator's reasoning was unsatisfactory, relied on irrelevant considerations, and lacked particularisation. The IAT's conclusions were justified and not arguably reversible by the Court of Appeal.

Citation
[2002] EWCA Civ 185
Parties
Claimant/applicant: Sunday Emmanuel Ngene; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
08 February 2002
Procedural Posture
Application for Permission to Appeal (asylum and Human Rights) / Court of Appeal (civil Division) on Appeal From Immigration Appeal Tribunal
Outcome
Permission to appeal refused
Legal Topics
Asylum, Article 3 ECHR, Decree 33 (nigeria), Prison Conditions, Double Jeopardy
Immigration Law Human Rights Law Asylum Article 3 ECHR Decree 33 (nigeria) Prison Conditions Double Jeopardy

Case Brief

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Parties

Sunday Emmanuel Ngene

Claimant/applicant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Application for Permission to Appeal (asylum and Human Rights) / Court of Appeal (civil Division) on Appeal From Immigration Appeal Tribunal

Legal Issues

  1. 1 Whether removal to Nigeria would breach Article 3 ECHR due to risk of inhuman or degrading treatment in prison
  2. 2 Whether Decree 33 would be applied to applicant on return to Nigeria
  3. 3 Whether the Immigration Appeal Tribunal was entitled to reverse the adjudicator's factual findings

Ratio Decidendi

The Court held that the Immigration Appeal Tribunal was entitled to reverse the adjudicator's findings as to the risk of inhuman or degrading treatment in Nigerian prisons and the likelihood of Decree 33 being applied. The adjudicator's reasoning was unsatisfactory, relied on irrelevant considerations, and lacked particularisation. The IAT's conclusions were justified and not arguably reversible by the Court of Appeal.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal dismissed