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    The Appellant's immigration history and the basis of her human rights application are set out in the decision of Judge Aziz promulgated on the 14 th of February 2022 following the hearing on the papers on the 4 th of January 2022. The Appellant sought permission to appeal the decision, permission was granted by First-tier Tribunal Judge Oxlade in a decision of the 13 th of April 2022.
    At paragraph 10 of the decision Judge Aziz noted that there was no Appellant's bundle. Judge Aziz dismissed the appeal on the basis that the Appellant had not shown that there were insurmountable obstacles to family life with her partner continuing in Nigeria. In grounds to the First-tier Tribunal the Appellant argued that bundles had been served by email on the 12 th of November 2021.
    Judge Oxlade granted permission to appeal to the Upper Tribunal on the basis that there may have been an administrative oversight but also observed that the evidence that had been filed did not show that the Appellant addressed the point made by Judge Aziz. It remained to be seen whether the evidence which would have been seen by the Judge would have shown that the Appellant's case met EX1.
    It is not clear why the case took so long to get to a hearing following the grant of permission to appeal. At the hearing the Appellant was represented by Mr Pipi, I was informed that an email had been sent to the tribunal on the morning of the hearing setting out the Appellant's position. That was forwarded to me at 13.12 with 3 attachments which are discussed below.
    Mr Pipi explained that he had only been instructed over the weekend which is why his skeleton argument had not been served on the Respondent as required. From his skeleton argument and as I was informed at the hearing the Appellant's partner had died on the 19 th of February 2023. Mr Pipi rightly observed that that fundamentally changed the position from that prevailing when permission was granted. He did not say but I observe that it changes the position from that prevailing before Judge Aziz.
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