Oco V. A Decision Of The Upper Tribunal (immigration And Asylum Chamber)

JurisdictionScotland
JudgeLord Hardie,Lord Clarke,Lord Carloway
Neutral Citation[2012] CSIH 65
CourtCourt of Session
Docket NumberXA41/11
Published date04 September 2012
Date26 July 2012
Year2012

EXTRA DIVISION, INNER HOUSE, COURT OF SESSION

Lord Carloway Lord Clarke Lord Hardie [2012] CSIH 65

XA41/11

OPINION OF THE COURT

delivered by LORD CARLOWAY

in application for leave to appeal

by

OCO

Applicant;

against

a decision of the Upper Tribunal (Immigration and Asylum Chamber)

_______________

Act: Bryce; Drummond Miller LLP

Alt: Lindsay QC; Office of the Advocate General

26 July 2012

[1] The applicant is a Nigerian citizen. She is said to be well educated, being a former teacher of mathematics and head teacher. She has three children aged 7, 6 and 4 with her husband. Her husband is a pastor in, and perhaps the founder of, a gospel ministry. He entered the United Kingdom as a student, along with the applicant, on a student visa in November 2007. The applicant's leave was valid until 31 January 2008 and was renewed until 31 October 2009. She claimed asylum on 13 April 2010.

[2] The applicant's account at interview, and before the First Tier Tribunal, was that her husband had subjected her to violence. He had accused her of being a witch. He had threatened to take her back to Nigeria and kill her there. He had, according to the applicant, killed his two previous wives. The account of her husband being previously married, far less of his having killed his former wives, was not believed. However, the Tribunal did accept that the applicant had been a victim of violence at the hands of her husband and that she had separated from him because of that in late 2010. The Tribunal noted, having regard to the country information, that domestic violence is generally accepted in Nigeria and that there was, in that respect, inadequate state protection. The Tribunal also accepted that the applicant had been labelled as a witch by her husband and that witch hunting was prevalent in her home state of Edo. The Tribunal was prepared to proceed on the basis that, although the applicant's husband was still in the United Kingdom, he had told his relatives in Nigeria that the appellant was a witch. The Tribunal held that, if she returned to Nigeria, she was likely to be the subject of discrimination and possible harm. The Tribunal held also that it would be unduly harsh for the applicant to relocate with her children in Nigeria. She had no family in any other area of Nigeria and was at risk of being discovered as a result of, amongst other things, the reach of her husband's church.

[3] The decision of the First Tier Tribunal was successfully appealed by the respondent to the Upper Tribunal on the basis that there had been...

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