IA230252014 & IA230272014

In this determination the term Appellant refers to OBO and her son who were the Appellants before the First-tier Tribunal, the term Respondent refers to the Secretary of State for the Home Department. As those are the terms that applied in the First-tier Tribunal decision I have retained them to avoid doubt. In these proceedings in the Upper Tribunal the Respondent challenged the decision of the First-tier Tribunal as explained below.

The First Appellant was born on the 23 rd of March 1978 and is a national of Nigeria. She arrived in the UK illegally in December 2004. The Second Appellant is the son of the First Appellant, was born on the 1 st of May 2003, he arrived in the UK, also illegally early in February 2007 (paragraph 25 of the First-tier Tribunal decision).

The history of the Appellants is set out in the First-tier Tribunal decision but in summary both have remained in the UK since then, the First Appellant was convicted on the 18 th of September 2013. The application under appeal was made on the 28 th of May 2013, it was refused with a right of appeal following a review.

The grounds argued that the Judge had erred in finding that the Second Appellant met the requirements of paragraph 276ADE in that it was not unreasonable to expect him to return to Nigeria. Permission was granted on the basis that the Judge had not considered the cost of the future education of the Second Appellant when he was not entitled to that education.

At the hearing Mr Smart for the Secretary of State applied to amend the grounds of appeal. The basis of the application was that the Judge had erred in finding that paragraph 276ADE applied. The submission was based on the terms of paragraph 276ADE which requires that the applicant has been in the UK for 7 years at the date of the application. By rule 34G an application is made on the date of posting.