JR61’s Application (Leave stage)
| Jurisdiction | Northern Ireland |
| Judge | Treacy J |
| Judgment Date | 13 October 2011 |
| Neutral Citation | [2011] NIQB 92 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 13 October 2011 |
1
Neutral Citation No: [2011] NIQB 92 Ref:
TRE8339
Judgment: approved by the Court for handing down Delivered:
13/10/2011
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
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QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
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JR61’s Application (Leave stage) [2011] NIQB 92
IN THE MATTER OF AN APPLICATION BY JR61
FOR JUDICIAL REVIEW
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TREACY J
Introduction
1. The applicant challenges a decision of 14 July 2011 by UKBA certifying his
human rights claims under section 94(2) of the Nationality, Immigration and
Asylum Act 2002 (“the 2002 Act”) as “clearly unfounded” applying section
94(3). The applicant seeks to have this decision quashed to allow him to
exercise an “in-country” right of appeal.
Factual Background
2. The applicant sought asylum in the UK on the basis of a fear of persecution
from those who wish him to take up his deceased father’s position as
King/Tribal Chief for an area in Nigeria. This requires participation in
traditional/occult religious practices that are, it is said, incompatible with the
applicant’s strongly held Christian faith. If he returns to Nigeria and refuses
to take up the throne a successor cannot be appointed until his death. He
claims that if returned to Nigeria he will be killed because he will refuse to
take up a role which is in conflict with his Christian beliefs. The applicant
claims that he cannot safely relocate to another part of Nigeria and that he
would not be afforded sufficient protection by the Nigerian authorities in the
face of this threat to his safety. The respondent argues that the applicant’s
claim does not fall within the 1951 Refugee Convention and that, in any event,
internal relocation and/or sufficiency of protection mean that his asylum
claim must fail.
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