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The appellant, Onyema Chas Jnr Ofoegbu, date of birth 2.8.76, is a citizen of Nigeria.
This is his appeal against the decision of First-tier Tribunal Judge Wolley promulgated 20.8.14, dismissing his appeal against the decision of the respondent, dated 23.1.14, to refuse his human rights application for leave to remain in the UK. The Judge heard the appeal on 8.8.14.
However, this error was not one raised by the appellant and even if the judge had addressed Appendix FM or paragraph 276ADE, it seems unlikely that it would have assisted the appellant.
The grounds of appeal contend that the judge erred in law in that her rejection of the article 3 claim, making negative credibility findings against the appellant, was substantially influenced by the inaccurate assertion in the determination that the appellant had not previously put forward any article 3 claim, whereas there was evidence before the tribunal that he had done so in 2012. Judge Brunnen considered this ground was arguable and thus granted permission on all grounds.
The article 3 claim is allegedly based on the claim that that the appellant would be at risk on return to Nigeria because he would be killed as the only son of his father in order that other family members would then inherit his property in accordance with what the appellant alleged was part of the Igbo clan culture.
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