Mary Itohan Enaburekhan Against Secretary Of State For The Home Department
| Jurisdiction | Scotland |
| Judge | Lord Mulholland |
| Neutral Citation | [2020] CSOH 18 |
| Date | 10 February 2020 |
| Docket Number | P518/16 |
| Court | Court of Session |
| Published date | 12 February 2020 |
OUTER HOUSE, COURT OF SESSION
[2020] CSOH 18
P518/16
OPINION OF LORD MULHOLLAND
In the petitioner
MARY ITOHAN ENABUREKHAN (AP)
Petitioner
against
SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
Petitioner: Winters; Drummond Miller LLP
Respondent: Pirrie; Office of the Advocate General
12 February 2020
Introduction
[1] This is a judicial review of a decision of the Upper Tribunal (Immigration and
Asylum Chamber) dated 3 March 2016 refusing permission to appeal to itself.
Immigration history
[2] The petitioner is a Nigerian national. She was born on 3 June 1983. Her immigration
history as set out in the petition is that she came to the UK on 10 October 2007 on a student
visa. This visa was valid until 31 October 2009. The visa was granted for the petitioner to
study at Aberdeen University. She applied for further leave to remain as a student on
2
29 October 2009. This was refused on 17 November 2009 as her application form was
incomplete. A further application was lodged on 14 December 2009. This application was
refused on 25 February 2010 with no right of appeal. On 22 October 2010 an application for
leave to remain as a tier one highly skilled migrant post study was submitted. This was
refused on 10 December 2010 with no right of appeal. On 1 March 2012 the petitioner
lodged an application for an European Economic Area (EEA) residence card. On 26 March
2012 her application was rejected as no details of her EEA sponsor were provided. A further
application for an EEA resident’s card was lodged on 26 April 2012. This was refused on
2 October 2012 with no right of appeal. The petitioner was then encountered by
immigration officers on 25 February 2013. She was issued with an IS115A notice of removal.
On 26 February 2013 she was served with removal directions to Nigeria. On 28 February
2013 she submitted further representations for an EEA residence card. This was refused on
7 March 2013 with a right of appeal. She was granted temporary admission on 18 March
2013. She required to report weekly. On 22 May 2013 she lodged a human rights
application for leave to remain under article 8 of the European Convention of Human
Rights. This was refused without a right of appeal on 14 June 2013. She was detained on
16 December 2013. On 19 December 2013 she lodged a statement of additional grounds.
Bail was granted on 20 December 2013. On 25 June 2014 a decision was made to refuse and
certify the petitioner’s human rights claim as clearly unfounded in terms of section 94(2) of
the Nationality, Immigration and Asylum Act 2002. On 24 March 2014 she raised a judicial
review challenging the decision to certify the human rights claim as clearly unfounded. On
9 October 2014 the judicial review was concluded and the certification was withdrawn so
that reconsideration could be given to the petitioner’s case. On 23 October 2014 the
respondent refused the petitioner’s human rights claim as she did not meet the eligibility
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