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This is an appeal against a decision made by the First-Tier Tribunal (Judge Herbert OBE) promulgated on 23 rd September 2014 in which he allowed the appeals under Article 8 ECHR.
For ease of reference I shall refer to the parties as the �Secretary of State�, who is the Appellant in this matter, and to the �Claimants�.
The Claimants are all members of the same family and are citizens of Nigeria. �D� and �C� are the parents of J, G and a recently born child H. Their respective dates of birth are 16.8.2009, 15.4.2012 and 7.5.2014. D was previously involved in a relationship in Nigeria and Jan, the eldest child was born on 25.8.2007
The Secretary of State refused their applications for indefinite leave to remain and with reference to their claim outside of the Rules. The Claimants did not fulfil the requirements under Appendix FM either as a partner or as a parent. It was accepted that the main Claimants were in a relationship akin to marriage. Ex 1 was considered but did not apply. The children were all under the age of 7 years and 276ADE did not apply
In reaching these findings the Tribunal relied on the primary facts and its own view of the likely outcome for the children if returned to Nigeria.
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