IA199362014

This is an appeal by the Appellant (hereinafter called the Secretary of State) against the decision of the First-tier Judge Hodgkinson, who sitting at Hatton Cross on 26 November 2014 and in a subsequent determination promulgated on 11 December 2014 allowed the appeal of the Respondent (hereinafter called the claimant), a citizen of Nigeria born on 20 August 1985, against the decision of the Secretary of State dated 24 April 2014 to issue directions for her removal from the United Kingdom to Nigeria having refused the claimant�s Article 8 ECHR application.

In his determination the Judge succinctly summarised the claimant�s immigration history as follows:

�2. The Appellant claims to have entered the United Kingdom in September 2000 as a visitor although the Respondent has noted that no documentary evidence of the date of entry has been produced y the Appellant. In any event on 19 August 2002 the Appellant submitted an application for a �no time limit� stamp to be placed in her passport. On 30 October 2002 that application was considered to be void.

On 4 April 2011 the Appellant submitted an application for indefinite leave to remain (ILR) on human rights grounds but that application was refused on 21 June 2011, with no right of appeal. On 28 June 2011 the Appellant was arrested on suspicion of fraud and immigration offences. She was served with a notice of liability to removal.

On 1 September 2011 the Appellant was convicted of possessing and controlling identity documents with intent of making false representations to make gain for self or another. She was sentenced to six months� imprisonment. It appears to be common ground that this offence or offences relates to an attempt by the Appellant to use false identity documents for the purpose of obtaining employment in the United Kingdom.