On Friday 26 July, judges in the Upper Immigration and Asylum Tribunal rejected an appeal from the Home Secretary, Theresa May, that Roseline Akhalu, a 49-year old former postgraduate student from Leeds should be returned to Nigeria where she would have faced the prospect of death ‘within weeks’ [judgment PDF].
On hearing news of the judgment Roseline Akhalu told her friends and supporters:
“Thank you everybody for the support, for the prayers, for the publicity, for everything. Hopefully the UKBA will let matters rest at this stage.”
Judge Southern on behalf of the Upper Tribunal in rejecting the Home Office’s appeal said:
“we are satisfied that the [original] judge did not make an error of law…the circumstances here were, if not truly unique, so exceptional as to stand out from the ordinary run of cases where a claimant complains of being disadvantaged by a comparative lack of medical care in his or her own country. That was not the basis of the decision here”.
Tessa Gregory, a solicitor at Public Interest Lawyers, representing Ms Akhalu said:
“We are delighted that the Upper Tribunal has dismissed the Home Secretary’s appeal and found in Rose’s favour. The facts of Rose’s case are exceptional and have been rightly recognized as such. It must now be time for the Home Secretary to accept that it would be unlawful to deport Rose to a certain and lonely death in Nigeria. No more money should be wasted on further appeals and Rose should be allowed to get on with her life within the community that has given her such incredible support throughout this ordeal.”
Esme Madill on behalf of the Save Rose Campaign declared:
“We are overjoyed with today’s judgment. Roseline has had to endure months of needless worry and anxiety because of this groundless and expensive appeal by the Home Secretary, which has aggravated Rose’s fragile health condition. We really hope that the Home Office now has the sense to admit defeat so that Rose can get on with her life and continue contributing to her community as she has been doing for so many years.”