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
By Emily Allen
PUBLISHED: 17:07, 17 October 2012
UPDATED: 17:07, 17 October 2012
A High Court judge expressed incredulity after being told that an illegal immigrant was taking legal action in an attempt to stay in the UK after twice being forced to leave.
Mr Justice Haddon-Cave said Gbenga Sunday’s attempts to use human rights legislation to prevent Home Office ministers from removing him to Nigeria for a third time 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.
'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 is indeed a breath-taking case.'
The judge said Mr Sunday had returned to Britain after being removed to Nigeria in 2005 and 2006.
Mr Sunday had been arrested again and was due to be removed again on May 18 this year, the judge was told.
But on May 17, Mr Sunday began legal action claiming that he was in a relationship with a European Economic Area resident and removing him would breach his human right to family life.
Mr Justice Haddon-Cave refused to give Mr Sunday permission to pursue the claim - after hearing objections from lawyers representing the Home Office.
'This case is so ... utterly without merit that no further public money should be wasted in dealing with it,' said the judge.
'The application for permission for judicial review is refused.'
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