Omar Mahmud and Secretary of State for The Home Department
| Jurisdiction | Northern Ireland |
| Judge | McCloskey LJ |
| Neutral Citation | [2023] NICA 4 |
| Date | 27 January 2023 |
| Court | Court of Appeal (Northern Ireland) |
1
Neutral Citation No: [2023] NICA 4
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: McC12048
ICOS No:
Delivered: 27/01/2023
IN HIS MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
___________
ON APPEAL FROM THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
(JUDICIAL REVIEW)
BETWEEN:
OMAR MAHMUD
Appellant:
v
SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent:
___________
Mr Frank O’Donoghue KC and Mr Robert McTernaghan (instructed by MacElhatton &
Co, Solicitors) for the Appellant
Mr Aidan Sands (instructed by the Crown Solicitor’s Office) for the Respondent
___________
Before: Keegan LCJ and McCloskey LJ
___________
McCLOSKEY LJ (delivering the judgment of the court)
Background
[1] Omar Mahmud (“the appellant”) a foreign national, applied unsuccessfully
for asylum in the United Kingdom. He subsequently provided “further
submissions” (in the language of the Immigration Rules). These were rejected. Both
this rejection decision and a consequential decision rendering the appellant homeless
were challenged by the initiation of judicial review proceedings. The appellant
ultimately secured a partially favourable decision of the Northern Ireland High
Court by the judgment of Deputy High Court Judge Friedman delivered on 22
January 2021: see [2021] NIQB 6.
[2] The extent of the appellant’s success is gauged by the terms of the declaration
made by the court:
To continue reading
Request your trial