Uba v Secretary of State for the Home Department
2014
ADMINISTRATIVE COURT
UK
CORAM
- THE HONOURABLE MRS JUSTICE LANG DBE
Areas of Law
- Immigration Law
- Administrative Law
2014
ADMINISTRATIVE COURT
UK
CORAM
AI Generated Summary
The Claimant, a Nigerian politician, sought judicial review of the UK Home Secretary's decision to maintain his exclusion from the UK, alleging failure to consider his representations adequately and insufficient reasoning for the decision. The court upheld the exclusion, affirming that the Secretary of State had broad discretion in such matters and that it was reasonable to withhold sensitive materials supporting the exclusion. The court concluded that the review process was properly conducted and the decision justifiably based on concerns about the Claimant's alleged involvement in criminal activities.
Judgment
Mrs Justice Lang:
The Claimant is a citizen of Nigeria who has applied for judicial review of the Defendant’s decision, dated 19 th July 2012, to maintain her previous decision, made on 2 nd December 2008, to exclude the Claimant from the United Kingdom (UK), on the grounds that, because of his character conduct and association with fraud and other criminal activities, his presence in the UK would not be conducive to the public good.
Permission was granted by Hickinbottom J on 2 nd April 2013. On 6 th November 2013 Foskett J made an order that the Claimant should provide security for the Defendant’s costs in the sum of £12,000.
Facts
The Claimant is a wealthy and successful businessman who has been involved in politics in Nigeria for a number of years. Between 1999 and 2007 he acted as a Special Assistant to former President Obasanjo. In May 2007 he was sworn in as Governor of the state of Anambra but the election was nullified in June 2007 by the Supreme Court of Nigeria, at the suit of his predecessor who successfully claimed that his term of office ran until March 2010.
In April 2011, he was elected Senator for the Anambra South constituency of Anambra State. He ran on the Peoples Democratic Party platform, the party of Nigerian President Goodluck Jonathan. He is a member of a number of Senate Committees and Chairman of the Senate Committee on Independent National Electoral Commission.
The Claimant was issued with a multiple entry visit visa for the UK on 11 th November 2004. This was due to expire on 11 th November 2009.
On 2 nd December 2008, the Defendant wrote to the Claimant informing him that she had decided to revoke his multiple visit visa and that she had personally directed that his exclusion from the UK was conducive to the public good. This decision was in fact taken on 26 th November 2008. The Defendant’s reasons for the above decision were set out in a separate letter of the same date:
“On the basis of your character, conduct and association with fraud and other criminal activities, your presence in the UK would not be conducive to the public good and the Home Secretary has therefore decided that you should be excluded from all territories of the United Kingdom.”
This letter also explained that there was no right of appeal against this decision, and that it would be reviewed in three years’ time.
On 24 th December 2008 the Claimant attempted to enter the UK, having travelled to Luton airport in a private jet. He states