Generate a structured brief — facts, issues, held, reasoning, and significance — for this case in seconds. Or browse the verbatim judgment via the source links below.
The Respondent is a national of Nigeria date of birth 18 th October 1950. On the 28 th August 2014 the First-tier Tribunal (Judge Archer) allowed her appeal against a decision to remove her from the United Kingdom pursuant to s10 of the Immigration and Asylum Act 1999 [1] . The Secretary of State now has permission to appeal against that decision [2] .
The grounds of appeal are fairly detailed and in many places appear to amount simply to a disagreement on the facts as found by the First-tier Tribunal. I mean no disrespect to their author in distilling them as follows:
i) In assessing proportionality the Tribunal failed to take relevant facts into account :
In finding that Ms James� daughter was dependent upon her the Tribunal failed to consider whether other family members in the UK could have taken on that role. In finding that she would face a �dire situation� if returned to Nigeria the Tribunal has not considered whether the same family members who are supporting her financially in the UK could support her financially in Nigeria.
ii) There was a material misdirection in law in that the Tribunal failed to have regard to the terms of ss177A-D of the Nationality, Immigration and Asylum Act 2002 (as amended by the Immigration Act 2014)
Auto-extracted from BAILII. Full structured brief in progress — the source links below give you the verbatim judgment in the meantime.
Multiple official and mirror sources — pick whichever loads cleanly on your network.
Common Room
0 comments · About the Common Room →
No comments yet — start the discussion.
Voted-best comments help future students and feed Caselaw's AI study tools.