J.O., Re Judicial Review

[1] This is a petition for judicial review of a decision by the respondent dated 17 December 2009 , to refuse to treat submissions made on behalf of the Petitioner as a fresh claim for asylum. The Petitioner seeks reduction of that decision.

[2] At the outset of the hearing counsel for the petitioner sought to lodge as a production an extract from a country information report on Nigeria dated 09 June 2009 . Counsel for the respondent had no objection. I allowed it to be added to the Petitioner's inventory as 6/15 of process.

[3] Counsel for the petitioner advised that his submissions would relate only to the petitioner's rights under article 8 of the European Convention of Human Rights ("ECHR").

[6] The petitioner completed an HNC course in business management at a college in Glasgow , and carried out part time study at Glasgow University . He obtained sponsorship to attend the International Christian College in Glasgow . He took up football and trained and played regularly in an amateur league. He had friends both at college and in the football team.

"The answering of question 5 ....must always involve the striking of a fair balance between the rights of the individual and the interests of the community which is inherent in the whole of the Convention. The severity and consequences of the interference will call for careful assessment at this stage.......Decisions taken pursuant to the lawful operation of immigration control will be proportionate in all save a small minority of exceptional cases, identifiable only on a case by case basis."