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The Secretary of State for the Home Department now has permission to appeal against that decision, granted by First-tier Tribunal Judge Pedro on the 25 th May 2017. The grounds of appeal can be distilled as follows:
(i) That nowhere in the determination does the Judge consider whether there is treatment for autism in Nigeria, in particular "the wealth of information relating to medical treatment/support in Nigeria that is in the public domain";
(ii) That the Judge "does not deal" with the evidence that the child was "quite low on the spectrum";
(iii) That the Judge misdirected himself as to MA (Pakistan ) and the "unduly harsh" criterion and in particular that he failed to consider the expense to the public purse in this family being allowed to remain. In that respect reliance is placed on EV (Phillippines );
(iv) The Judge failed to make findings on what the circumstances of the family might be if they were returned to Nigeria.
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