Dissident loses plea for asylum

The student son of a pro-democracy activist sent back to Nigeria and unheard of since, yesterday lost a High Court bid to block his own deportation.

Like his father, 20-year-old Ade Onibiyo is opposed to Nigeria's military government, which recently executed the dissident writer Ken Saro-Wiwa and eight other minority-rights activists.

Mr Onibiyo was now "in fear of his life", a judge was told.

But Mr Justice Latham rejected the student's plea that the Home Secretary, Michael Howard, had "unreasonably and unlawfully" refused to consider his fresh claim for asylum or to allow him an appeal to a special adjudicator.

Both Mr Onibiyo and his father, Abdul, 53, had jointly made unsuccessful claims for asylum last year based on the father's assertion that he faced persecution if returned to Nigeria.

Mr Onibiyo's new application was based on fears over what might have happened to his father, sent back to the Nigerian capital Lagos under escort last October, and the execution of those opposed to the military regime - which caused a worldwide outcry.

But the judge ruled yesterday that Mr Howard had been entitled to conclude in December that the son's renewed application "did not constitute a fresh claim" and did not disclose any material which justified the Home Secretary reversing his earlier decision.

The judge went further and, in a decision with important general implications for asylum seekers, ruled that those allegedly fleeing persecution were entitled to have only one claim considered by the UK immigration authorities before having to leave the country.

Because of the significance of his ruling, the judge gave Mr Onibiyo leave to appeal, further delaying any moves to deport him to Nigeria.

The judge emphasised that the case raised a very important issue, and said: "It seems to me to be time it was grappled with in the Court of Appeal."