Wu’s (Jun) Application
| Jurisdiction | Northern Ireland |
| Judge | Maguire J |
| Judgment Date | 18 April 2016 |
| Neutral Citation | [2016] NIQB 34 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 18 April 2016 |
1
Neutral Citation: [2016] NIQB 34 Ref:
MAG9939
Judgment: approved by the Court for handing down Delivered:
18/4/2016
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
________
Wu’s (Jun) Application (Judicial Review) [2016] NIQB 34
IN THE MATTER OF AN APPLICATION BY JUN WU
FOR JUDICIAL REVIEW
________
MAGUIRE J
Introduction
[1] The applicant in this case is Jun Wu. He is a Chinese national. He was born
on 21 September 1965. He is therefore now aged 50. It appears that he came to the
United Kingdom on 23 October 2003. When he arrived he did not make an asylum
claim. However, he did so quite some time later on 26 July 2007. This was on the
basis that he feared persecution in China as a result of an alleged conflict he said he
had been in with the Chinese local government officials in Quin Tiain in Zhe Jaing
Province. The applicant’s version is that he was a teacher living in Quin Tiain. At
this time, which was circa 2003, he was living with his wife and two young children.
The local government authorities decided to build a hydro-electric dam. The
proposal involved the demolition of his village – some 700 houses. The applicant
was opposed to this plan and attended protest meetings against the proposed
project. It was this which led him into conflict with the municipal officials in the
area. In the course of this conflict he claimed to have been arrested and abused
during a period of custody. Believing himself to be at further risk of abuse, he left in
July 2003 and made his way to the United Kingdom.
[2] The applicant’s asylum claim (together with related claims for humanitarian
protection and breach of human rights) was refused by the Home Office on
3 December 2007. His account, it appears, simply was not believed. He then
appealed to the Asylum and Immigration Tribunal. His case was heard by Judge
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4 cases
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JR137's Application for Judicial Review and in the matter of a decision of the Upper Tribunal (Immigration and Asylum Chamber)
...review – were heard and determined together. [25] In this jurisdiction, Maguire J applied the approach in Cart in Re Wu’s Application [2016] NIQB 34. He described the criteria for the grant of leave in a case such as this as “now well established”, citing earlier decisions where they had be......
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EE's Application
...are in this jurisdiction namely A & Ors (Application) [2012] NIQB 86, DJ1 and DJ2’s Application [2013] NIQB 20, Wu’s (Jun) Application [2016] NIQB 34, Osmond’s Application [2017] NIQB 52. In essence Ms McMahon referred to the restrained approach to judicial review in this area. At paragraph......
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Osman's (Abda Aziz Ibraham) Application
...civil procedural rules set out special procedures applying to a judicial review such as this – CPR 54.7A. [25] In Wu’s (Jun) Application [2016] NIQB 34, Maguire J considered a similar type of application for leave to apply for judicial review (the impugned decision was a decision of the UT ......
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Jenkins's (Karina Sousa Pinheiro) Application
...refuses to do so (see para 131 of Cart). [15] There are two distinct limbs to the Cart test as Maguire J discussed in Re Wu’s Application [2016] NIQB 34 as follows: “[19] These criteria are now well established. They derive from the decision of the Supreme Court in the case of R (Cart) v Up......