IA244052014

The Appellant born on 31 st July 1969 is a citizen of Nigeria. The Appellant was represented by Miss Pledger of Counsel. The Respondent was represented by Mr McVeety, a Presenting Officer.

The Appellant had made application to remain in the United Kingdom on Article 8 grounds and that application had been refused by the Respondent on 22 nd May 2014. The Appellant had appealed that decision and his appeal was heard by Designated Judge of the First-tier Tribunal Baird sitting at Manchester on 1 st September 2014. The judge dismissed the Appellant�s appeal.

Permission to appeal was granted by Upper Tribunal Judge Deans on 30 th October 2014. The judge found that it was arguable that no findings had been made as to the best interests of the children in the UK and other grounds were arguable. The Respondent had opposed the permission on 5 th November 2014. Directions were issued that the matter should come before the Upper Tribunal firstly to decide whether an error of law had been made or not. The matter therefore comes before me in accordance with those directions.

It was further submitted that on the renewal of the discretionary leave application in November 2013 very little medical evidence relating to the child Genesis had been submitted and therefore discretionary leave was unlikely to have been based solely or mainly on the medical evidence of the child. It was said that that schedule of evidence was before the First-tier Tribunal Judge.

At the conclusion of the hearing I reserved my decision to consider matters and I now provide that decision with my reasons.