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This is the appeal of the Secretary of State but I will refer to the original appellant, a citizen of Nigeria born on [ ] 1975, as the appellant herein. He appeals the decision of the Secretary of State on 28 May 2015 to refuse his application for leave to remain on human rights grounds.
D was born in Nigeria on 15 June 2003. He had stayed with his mother in Nigeria until he was 6 or 7. While the appellant had played no part in D's care, D had spent holidays with the appellant's brother. The appellant had sent money for schooling and clothes to his brother.
Judge Lindsley records that D had arrived in the UK on 9 January 2014 following a call from D's mother to the appellant about his impending arrival. The appellant had collected D, who had then lived with him. However, in May 2014 following an allegation of assault by the appellant against D, D was taken into care. H was born on 29 June 2009 and has lived in the UK all his life although it appears that neither child has status in the UK. The appellant himself has never had leave to remain here.
At the hearing before the First-tier Judge the appellant gave evidence. He stated he was still in a relationship with H's mother but they did not live together.
The judge found that the appellant could not succeed under Appendix FM and concluded his determination as follows:
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