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The principal appellant, to whom I will refer as �the appellant�, is a citizen of Nigeria. She appeals, with permission, against a decision of Judge of the First-tier Tribunal Edwards who, in a determination promulgated on 18 September 2014, dismissed her appeal against a decision made on 7 January 2014 to remove her to Nigeria and to refuse leave to remain on Article 8 grounds. The other appellants are her children.
It is of note that the judge had found that the appellant did not have an in country right of appeal.
It was stated that the judge had failed to have regard to the fact that the appellant only sought leave to remain �until her husband had completed his undergraduate degree � which would be in January 2015. He failed to have regard to whether it would be proportionate as at the time of the appeal of 12 September 2014 for the respondent's decision to be upheld�.
It was claimed there was no proper consideration of the Article 8 rights of the appellant.
Permission to appeal was granted by Judge of the First-tier Tribunal Ransley who stated that it was arguable that although the judge had found that the appellant did not have a right of appeal it was irrational for him to have gone on to consider it. Moreover, permission to appeal was granted on the basis that the judge had not given sufficient reasons for finding that the appellant was not exercising private and family life in Britain.
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