UI2024000419

Pursuant to rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008, the appellant and her son are granted anonymity.

No-one shall publish or reveal any information, including the name or address of the appellant, likely to lead members of the public to identify the appellant or her son. Failure to comply with this order could amount to a contempt of court.

             Although this is an appeal by the Secretary of State, I shall refer in this decision to the parties as they were before the First-tier Tribunal. FO will therefore be referred to as the Appellant and the Secretary of State as the Respondent.

             The Appellant, a citizen of Nigeria, has had a deportation order made against her as a result of her conviction in 2008 for possession of a false identity document with intent, for which she was sentenced to 12 months' imprisonment. She has sought, over a number of years, to resist her deportation to Nigeria on a variety of grounds. Previously these attempts have been unsuccessful.

             However, she successfully persuaded First-tier Tribunal Judge Adio ("the Judge") in a decision dated 2 August 2023 that, in summary, her removal to Nigeria would breach her Article 3 ECHR rights in light of her poor health and would breach her Article 8 family and private life rights by reason of her relationship with her now adult son and the difficulties she might face as a result of her health on return. The Secretary of State now appeals against that decision.