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By Evarist Baimu Nyaga Mawalla - Home

By Evarist Baimu Nyaga Mawalla - Home

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detention can only aggravane these symptoms and he could easily become ascrious suicide risk.Regrettably the report was not sent to the <strong>Home</strong> Office until 30 April 1991, theday before the latest time which had been set for M’s removal, which was 630pm on 1 May 1991. The Court of Appeal heard M’s application by interrupting itsnormal work for that day during the afternoon of 1 May and at about 455 pm LordDonaldson MR, sitting with Nicholls and Farguharson LI. Delivered a five pagejudgment giving the Court of Appeal’s reasons for unanimously refusing theapplication. Unbeknown to the Court of Appeal, arrangements were alreadybeing made for M to change his solicitors from those who had represented himup to that time including in the Court of Appeal, on the basis that his case wasnot being fully deployed by his existing legal advisors. Outside the Court ofAppeal the new solicitors for M and the counsel then instructed informed counselfor the <strong>Home</strong> Office and his instructing solicitor Mr David Palmer) that a freshapplication for leave to apply for judicial review was to be made on M’s behalf toGarland I the judge in Chambers, as it was outside normal court hours and therewas no nominated Crown Office list judge available. It was indicated that thefresh grounds relied upon would include the availability of the medical report andthe unreasonable reliance by the <strong>Home</strong> Office upon Ms failure to apply forasylum in Nigeria.At about 525 pm on 1 May 1991 the hearing before Garland I commenced. Atthat stage it was appreciated that M’s aircraft was about to take off fromHeathrow at 6 or 6.30 pm. Having heard part of the argument, Garland I not546

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