Adam Bala Omar and Secretary of State for the Home Department
| Jurisdiction | Northern Ireland |
| Judge | Higgins LJ |
| Judgment Date | 2009 |
| Neutral Citation | [2009] NICA 21 |
| Date | 20 February 2009 |
| Court | Court of Appeal (Northern Ireland) |
1
Neutral Citation No.: [2009] NICA 21 Ref:
HIG7424
Judgment: approved by the Court for handing down Delivered:
20/02/09
(subject to editorial corrections)
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
_________
BETWEEN:
ADAM BALA OMAR
APPLICANT;
AND
SECRETARY OF STATE FOR THE HOME DEPARTMENT
RESPONDENT.
________
AN APPLICATION FOR LEAVE TO APPEAL AGAINST A DECISION OF
THE ASYLUM & IMMIGRATION TRIBUNAL PURSUANT TO SECTION
103B OF THE NATIONALITY, ASYLUM & IMMIGRATION ACT 2002
(AS AMENDED)
________
Before: Higgins LJ, Girvan LJ & Coghlin LJ
________
HIGGINS LJ
[1] This is an application under Section 103B of the Nationality, Asylum
and Immigration Act 2002 for leave to appeal to the Court of Appeal. At the
conclusion of the hearing we refused leave and stated that we would give our
reasons later, which we now do.
[2] The applicant is a Sudanese national. On 17 January 2007 the applicant
approached the Northern Ireland Council for Ethnic Minorities and a claim
for asylum was commenced on his behalf. At a screening interview the
applicant alleged that he left Sudan on 20 December 2006 and through an
agent obtained passage on a boat leaving Libya on 23 December 2006 bound
for Belfast. He said he had been detained in November 2006 in Sudan
transporting weapons to members of the Justice and Equality Movement.
Members of this movement attacked the prison in which he was held and he
escaped. He claimed that if returned to Sudan he risks persecution as a result.
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