IA078622013 & ors

The Appellants, with permission, appeal the decision of the First-tier Tribunal (Judge Fletcher-Hill) who in a determination promulgated on 9 th August 2013 dismissed the Appellants� appeal against the Respondent�s decision of 28 th February 2013 to refuse their claim for leave to remain under the Immigration Rules and on human rights grounds.

The first Appellant is a citizen of Nigeria born on 9 th March 1971 and the remaining three Appellants are her minor children born 9 th October 2001, 20 th September 2007 and 9 th April 2009. No anonymity direction has been sought on behalf of any party nor any grounds raised as to why such an order is necessary.

It was noted that no leave was sought to regularise her status or that of her children until 1 st April 2010 when an application was submitted for leave to remain in the UK along with her three children. The father of the three children was also resident in the United Kingdom but was also a person without leave. He was also a citizen of Nigeria.

The Appellant sought permission to appeal that decision and on 18 th September 2003 permission was granted by First-tier Tribunal Judge Baker.

The judge considered the factors weighing in the balance carefully and whilst it was submitted that when considering the countervailing factors the judge had sought to place some blame on the children, that was not reflected in the determination where she had referred to them at a number of points as �innocent children�. The judge also did consider their educational integration and followed the structured approach set out in MK (India) considering the benefits of removal as well as the negative aspects.