Dadzi's (Joseph) Application
| Jurisdiction | Northern Ireland |
| Judge | Colton J |
| Judgment Date | 17 November 2023 |
| Neutral Citation | [2023] NIKB 113 |
| Court | King's Bench Division (Northern Ireland) |
1
Neutral Citation No: [2023] NIKB 113
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: COL12325
ICOS No: 23/014385
Delivered: 17/11/2023
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
___________
KING’S BENCH DIVISION
(JUDICIAL REVIEW)
___________
IN THE MATTER OF AN APPLICATION BY JOSEPH DADZI
FOR JUDICIAL REVIEW
___________
Mr Erik Peters (instructed by Wilson Nesbitt Solicitors) for the Applicant
Mr Joseph Kennedy (instructed by the Crown Solicitor’s Office) for the Respondent
___________
COLTON J
Introduction
[1] The applicant initially brought proceedings before this court to challenge two
decisions of the Secretary of State for the Home Department (“the respondent”). The
first challenge concerned the alleged failure of the respondent to consider the
applicant’s further submissions under paragraph 353 of the Immigration Rules. This
challenge was not pursued during the course of hearing as the respondent
communicated to the applicant that it was in the process of assessing the further
submissions. The court has since been provided with an affidavit from the applicant
explaining that his further submissions were rejected on 2 May 2023.
[2] Following the leave hearing, the applicant by way of amended Order 53
statement challenged inter alia the SSHD’s failure to consider the applicant’s
paragraph 353 submissions within a reasonable time.
[3] The second challenge which formed the central issue at the hearing is against
the decision of the respondent dated 30 January 2023 to discontinue provision of
support to the applicant under section 95 of the Immigration and Asylum Act 1999
on the grounds of his status as a “failed asylum seeker.”
2
Factual background
[4] The applicant, a national of Ghana, arrived in the UK on 16 July 2018 and
claimed asylum on the same day. The applicant has availed of asylum support
under section 95 of the 1999 Act since 31 July 2018.
[5] On 5 January 2020, the applicant’s asylum claim was rejected by the Home
Office. The appeal was heard in the First-tier Tribunal (“FtT”) by Farrelly IJ on
31 August 2021 and subsequently dismissed on 15 September 2021. The applicant
sought to appeal the decision of the FtT which was rejected. The applicant became
appeal rights exhausted on 8 December 2021.
[6] Although the applicant became appeals rights exhausted on 8 December 2021,
he did not lose his entitlement to section 95 support which normally would have
occurred after his asylum claim failed. However, due to COVID-19, the government
decided in March 2020, to suspend evictions and extend section 95 support to those
who would otherwise have had their support withdrawn. This suspension
continued until the end of December 2022.
[7] Following the rejection of his claim, the applicant made efforts to obtain
additional evidence with a view to making further submissions pursuant to
paragraph 353 of the Immigration Rules. On 3 February 2022 he attended an
appointment at Belfast Service and Support Centre (“BSSC”) and lodged his further
submissions. The applicant was sent a receipt letter confirming his attendance and
explained that he would be notified of the decision in due course.
[8] What occurred following this appointment caused considerable confusion
and distress to the applicant. It appears that the applicant’s documents were posted
to the Support Centre in Liverpool but should have been forwarded to the Liverpool
Further Submissions Unit (“LFSU”).
[9] No note was made on the Home Office case management system by staff in
BSSC that the applicant had attended, and no copy of the receipt letter was logged
on the system. A question was raised by LFSU in March 2022 whether the applicant
had attended his appointment and made further submissions. However, in the
absence of any electronic record, BSSC informed LFSU that the applicant had not
made further submissions. It appears that no further action was taken in relation to
the applicant whose section 95 support remained in place due to the COVID
suspension.
[10] Fast-forward to 19 January 2023, the applicant’s solicitor made an enquiry
seeking an update on the progress of his further submissions. On 23 January 2023,
his solicitor received a response explaining that Mr Dadzi had no outstanding
applications and therefore no basis to remain in the UK. Subsequently, the applicant
received a letter on 30 January 2023 from the Home Office stating the following:
To continue reading
Request your trial