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This is an appeal by the Secretary of State against the decision of First-tier Tribunal Judge Fowell, promulgated on 11 June 2015, in which he allowed Miss. Smith's appeal against the Secretary of State's decision to refuse to grant leave to remain on the basis of private and family life.
For the purposes of this appeal I will refer to the Secretary of State as the Respondent, and to Miss. Smith as the Appellant, reflecting their positions as they were before the First-tier Tribunal.
"In my assessment at least the following strands of the grounds on which the respondent seeks permission to appeal are arguable:
- it is arguable that the judge had no proper basis for finding that the appellant would face very significant difficulties in integrating on her return to her country of nationality (Nigeria) (as per the respondent's paragraphs 3 to 6); and
- it is arguable that the judge's article 8 reasoning is flawed due to, amongst other things, a lack of attention to the factors set out in Part 5A of the Nationality, Immigration and Asylum Act 2002 (as per the respondent's paragraphs 7 to 9)."
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