OA166872013

For the Respondent: None (the respondent�s father attended the hearing in person)

This is an appeal that was allowed on Article 8 grounds in the First-tier. The appellant in the Upper Tribunal is therefore the Secretary of State. For the sake of clarity and convenience, however, we will refer to the parties as they were at the First-tier hearing.

The appeal was allowed by First-tier Tribunal Judge Wellesley-Cole, in a determination promulgated on 1 September 2014. Permission to appeal was granted by Designated First-tier Tribunal Judge McClure, on 8 October 2014. The grounds seeking permission to appeal argue that the judge had failed to identify compelling or exceptional circumstances; that there had been inadequate reasoning in support of the conclusions on Article 8; and that there had been a lack of evidence concerning accommodation, which was an issue in the refusal.

We gave leave for the grounds to be amended in this way, and did our best to explain the issues to the appellant�s father. We also indicated, however, that in our view the jurisdictional point was not a strong one, because of the general duty of the judge to consider Article 8, and also because it appears likely that the representatives at the hearing addressed her on the subject.

Mr Whitwell made the point that there had been no mention of the fear of kidnappings or disruption to education at the First-tier hearing. He also made the point that the kidnappings happened in the north, whereas the appellant is living in Lagos.