Ogilvy (aka Alakija), R (On the Application Of) v Secretary of State for the Home Department [2024] EWCA Civ 315 (29 February 2024)

Ogilvy (aka Alakija), R (On the Application Of) v Secretary of State for the Home Department [2024] EWCA Civ 315 (29 February 2024)

The Secretary of State did not act irrationally in refusing to treat the applicant's further representations as a fresh claim of statelessness or irremovability, as there was no new material or genuine attempt by the applicant to engage the Nigerian authorities with the true facts, and previous findings on nationality and statelessness were binding.

Citation
[2024] EWCA Civ 315
Parties
Claimant/appellant: Leonard Ogilvy (a.k.a. Olusegun Adedeji Alakija); Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
29 February 2024
Procedural Posture
Judicial Review (immigration) / Application for Permission to Appeal (court of Appeal)
Outcome
Permission to appeal refused
Legal Topics
Statelessness, Deportation, Judicial Review, Article 8 ECHR, Irremovability
Immigration Law Human Rights Law Statelessness Deportation Judicial Review Article 8 ECHR Irremovability

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Leonard Ogilvy (a.k.a. Olusegun Adedeji Alakija)

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Judicial Review (immigration) / Application for Permission to Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the Secretary of State acted irrationally in refusing to treat further representations as a fresh claim of statelessness under paragraph 353 of the Immigration Rules
  2. 2 Whether the Secretary of State acted irrationally in refusing to recognize an arguable fresh claim of practical irremovability

Ratio Decidendi

The Secretary of State did not act irrationally in refusing to treat the applicant's further representations as a fresh claim of statelessness or irremovability, as there was no new material or genuine attempt by the applicant to engage the Nigerian authorities with the true facts, and previous findings on nationality and statelessness were binding.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal against Upper Tribunal Judge Kebede's refusal of permission to apply for judicial review is refused
  • No certification of the application as totally without merit