- Judge said Gbenga Sunday’s attempts to use human rights legislation to prevent Home Office from removing him were ‘breath-taking’
- The judge dismissed Mr Sunday’s attempt to launch a ‘judicial review’ and said no more public money should be wasted on the case
PUBLISHED: 11:07 EST, 17 October 2012 | UPDATED: 01:49 EST, 18 October 2012
An exasperated judge yesterday attacked a failed asylum seeker’s bid to use human rights law to stay in Britain as ‘breathtaking’.
Nigerian Gbenga Sunday has already cost the taxpayer more than £100,000 after being kicked out of the country twice, only to re-enter Britain within months.
But in an astonishing example of the immigration merry-go-round, his lawyers went to court yesterday to argue he should be allowed to stay here – this time because he said he was in a relationship with a Lithuanian woman.
As a result, they claimed, sending Mr Sunday home would breach his right to a private and family life under Article 8 of the Human Rights Act.
The application for judicial review was dismissed out of hand by Mr Justice Haddon-Cave, who said the applicant’s attempt to use human rights laws to prevent him from being flown back to Nigeria for a third time was ‘breathtaking’.
‘This is an incredible case,’ said the judge, at a High Court hearing in London. ‘This is a case where the claimant has not been removed once but twice. This is the third time. What on earth is going on?
‘Why should the court waste any more public money?’ He added: ‘This case is so …?utterly without merit that no further public money should be wasted in dealing with it.’
Mr Sunday, 38, first came to the notice of immigration officials in 2004 when he applied for indefinite leave to remain in Britain.
This was refused the following year and he was served with illegal entry papers telling him he would be sent home. He then launched an asylum application, but withdrew it within a year.