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      We are remaking this decision following an error of law finding by a differently constituted Upper Tribunal on the 27th of October 2023.A transfer order has been issued.
      The appellant entered the United Kingdom in 2006 with leave as a student. It was valid until 2007. At hearing he said it was extended to 2009.He subsequently overstayed and has remained here since.
      A covering letter sent with the application said that the appellant and sponsor had lived together at two family homes in Nigeria, one of which had been their grandparent's home. In oral evidence, the sponsor added that he and the appellant has grown up together.
      The appellant's application was refused on the 2nd of July 2019. The respondent was not satisfied he had demonstrated the relationship with his sponsor. The refusal referred to the evidence from Nigeria, described as an attestation of birth, an affidavit of age and a declaration of age. However, the respondent found these documents did not establish the relationship. As this was a fundamental requirement, the respondent did not go on to consider the other requirements.
      His appeal was heard before First tier Tribunal Judge Kempton ('the judge') at Glasgow on the 3rd of September 2019. At paragraph 19 of the determination the judge found that the appellant and his sponsor where related as claimed. However, the judge dismissed the appeal on the issue of dependency.
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