The applicant, Nigerian national, lodged a third asylum application which was rejected as unfounded, and a deportation order was issued. The applicant was convicted for seriously body injure and stubbing, to a prison sentence of 27 months and for drug and narcotic crimes to 12 months. The applicant complained and contested the expulsion decision arguing that his health state prevents the expulsion. The Court noted that the applicant suffers from sarcoidosis of the lungs and liver and pre-existing conditions are also mentioned as drug-treated pulmonary tuberculosis. According to medical reports and treatment received so far, the Court noted that the applicant should regularly take treatment and that treatment is accessible in Nigeria, the prescribed medication being available through pharmacies in Nigeria. According to the Court, if treatment is continued, there is no irretrievable deterioration in the state of health, no intensive suffering and no significant reduction in life expectancy if the applicant is returned to Nigeria. The Court mentioned that the applicant should be able to obtain the medication over a longer period of time, precisely at least ten years, in the context of a financial contribution in the context of a return assistance.

The Court has consulted various country of origin reports, including the EASO – COI Nigeria - Security Situation, June 2021, EASO Country Guidance: Nigeria, February 2019, EASO Nigeria Trafficking in Human Beings - Country of Origin Information Report, April 2021, EASO Country of Origin Information Report Nigeria Country Focus, June 2017, EASO Country of Origin Information Report – Nigeria - Targeting of individuals, November 2018

The Federal Administrative Court rejected the appeal against the expulsion decision considering that there are no elements to suggest that the return decision is inadmissible and that there would be any indication of refoulement if the applicant is expulsed to his country of origin.