ON APPEAL FROM THE UPPER TRIBUNAL
(IMMIGRATION AND ASYLUM CHAMBER)
Strand, London, WC2A 2LL
B e f o r e :
| GN & SN (Congo Brazzaville)
|- and -
SECRETARY OF STATE FOR THE
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The Respondent did not appear and was not represented.
Crown Copyright ©
Lord Justice Laws:
"The basis of the first appellant's claim is that he has been and will, if returned, be further persecuted in his native Congo (Brazzaville) as a consequence of his political opinions. In 1993 on his return to the Congo having studied in France he was recruited by the Cabinet of the Ministry of Industries as a consultant. In 1995 he was employed as an advisor to the Ministry of Finance and Economy. Whilst working for the second ministry he was nominated as Head of the Economic section of newspaper Les Temps a creation of the then president Pascal Lisouba. In August 1996 following the seizing of power by Sassou Nguesso, the first appellant as a member of the previous government, albeit as an advisor, began to receive death threats. After a brief spell as a refugee in Kinshasa the first appellant and his family returned to Brazzaville believing that it safe. Once there the first appellant set about rehabilitating himself by working for the new administration. However this was only short lived and on the 22nd December 1999 the first appellant was arrested and detained. While detained he was taken home where his wife was raped in his presence. Four days after his initial detention he was released when a Colonel Mpara came to his cell, gave him CFA 10,000 and told him to go home. The following day the first appellant fled to Kinshasa by boat. It was from Kinshasa that he travelled to France via the Central African Republic. Once in France he secured work with Horus Enterprises which took him back to Cameroon. It was in Cameroon that his wife and children joined him. He fled Cameroon when he learnt the Congolese government had sent a commando to Cameroon to eliminate its opponents which included the appellant. He claims that during that period there was at least an attempt on his life. H sought the protection of the Cameroon authorities. The delays were such he did not pursue this. The appellant continued to travel in connection with his work and when he returned to Cameroon on the 30 April 2009 he was detained in order to be removed back to the Congo. The first appellant bribed the arresting officer to let him go. On the 6 July 2009 he was sent on a mission to the UK. He bribed an officer to let him through immigration control at the airport, but was ultimately unsuccessful in leaving the country. He sought the assistance of a senior army officer who in return for CFA 5,000,000 advised him to leave at night on Afriqia Air as there was less security. On the 14 August 2009 he and his family went to the airport and following payment of another CFA 500,000 bribe they were able to leave Cameroon. They arrived in the UK the following day."
"Central to the appellant's claim of persecution is his account of his involvement in the government of Pascal Lissouba."
"Arguably this should have been dealt with, but there is no reference in the grounds to any record by the first instance judge or the designated immigration judge of the original passport being produced before either of them."
He concludes by indicating that it did not seem to him that in the circumstances a basis was shown for a second appeal.
"These are second appeals and therefore in each case it is necessary to demonstrate that there is some important point of principle or practice or some other compelling reason for the appeal to be heard. I do not think these criteria are satisfied here. The issue is essentially whether the judges below properly assessed and gave sufficient weight to certain material and whether the reasoning is adequate. There is no point of principle raised at all."
I agree with this.
Order: Application refused