IA178342015 & Ors.

I do not make an anonymity direction under Rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008.

The appellants are Nigerian nationals. The first-named appellant is the mother of the second and third-named appellants who were born on [ ] 2007 and [ ] 2013.

On February 15, 2015 the appellants each made an application for leave to remain on the basis of human rights under both the Immigration Rules and Article 8 ECHR. The respondent refused those applications on April 22, 2015 and the appellants appealed those decisions on May 11, 2015 under Section 82(1) of the Nationality, Immigration and Asylum Act 2002.

Their appeals initially came before Judge of the First-tier Tribunal Zahed (hereafter referred to as the Judge) on June 24, 2016 and in a decision promulgated on September 28, 2016 the Judge dismissed their appeals. The appellants lodged their grounds of appeal and permission to appeal was given by Judge of the First-tier Tribunal Grimmett on February 2, 2017 and the matter came before myself initially on March 9, 2017 when I heard representations on whether there had been an error in law.

Although the second and third appellants' names continue to appear on the list I ascertained at the previous hearing they had both been granted British citizenship on the basis of naturalisation and consequently the Judge should have treated their appeals as abandoned under Rule 16 of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014. Both Mr Avery and Mr Abe agreed with this position and their appeals should therefore be formally marked as abandoned.