IA246862014

It is more convenient to refer to the parties as they were before the First-tier Tribunal. I shall therefore refer to Mr Adewuyi from now on as �the appellant� and the Secretary of State as �the respondent�.

The appellant claimed to have arrived in the UK as a visitor on 15 December 1994. On 26 May 2006 he applied for indefinite leave to remain but his application was refused without a right of appeal on 20 August 2009. On 25 August 2009 he was served with a notice of liability to removal. A further application for leave to remain outside the rules was refused on 30 September 2013 without a right of appeal. His latest application was submitted on 12 January 2014.

At the appeal hearing before Judge Bartlett, the appellant�s representative made it clear the appeal was not pursued under Appendix FM of the rules but was pursued under paragraph 276ADE(1)(vi) only. Alternatively, the judge was asked to find a breach of article 8 outside the rules.

The judge heard oral evidence from the appellant only. The appellant said he had lived with his partner, Ms Martins, from 2006 until she left the home they shared in August 2014. There were two children of the relationship: Joshua, born in 2008, and Elizabeth, born in 2009. Ms Martins also had a child from a previous relationship, Raphael, born in 2002. The appellant said his parents in Nigeria had died. He had one uncle but they did not get on with each other. He said he visited his children, who lived with Ms Martins, every weekend.

I heard argument on the question of whether Judge Bartlett�s decision is vitiated by material error of law. Ms Brocklesby-Weller suggested the grounds seeking permission to appeal had been inadvertently truncated and there were in reality two points. However, it is clear to me that there is a single ground on which permission to appeal has been granted concerning mistake of fact. I refused Ms Brocklesby-Weller�s application to vary the grounds.