IA201472014

This is an appeal by the Secretary of State for the Home Department (hereafter "the Secretary of State") against the decision of First-tier Tribunal Judge Griffith (hereafter "the judge"). On 12 May 2015 the judge allowed the appeal of Mr Edeh (hereafter "the claimant") against a decision dated 3 April 2014 giving directions for his removal under section 10 of the Immigration and Asylum Act 1999.

The claimant came to the UK on 13 September 2000 with entry clearance conferring leave to enter as a visitor. On 21 January 2003 he made an out of time application for leave to remain as a spouse and a period of discretionary leave was granted from 3 November 2005 until 2 November 2008. Leave to remain was subsequently extended to 8 September 2012. On 21 December 2013 the claimant made an application for Indefinite Leave to Remain ("ILR"). That application was refused and was the subject matter of appeal before the First-tier Tribunal.

The Secretary of State lodged an appeal. Her pleaded case stated that it was not clear why the judge was satisfied that the Immigration Rules were met and she failed to identify any "very significant obstacles" to integration in Nigeria. Further, it was argued that the judge gave inadequate reasons for finding that the public interest considerations were outweighed if the claimant was removed to Nigeria. First-tier Tribunal Judge Page found those grounds arguable and granted permission on 16 July 2015.

On behalf of the respondent Mr Duffy submitted that the judge materially erred in law. In amplifying the grounds he stated that the judge failed to consider whether there were significant obstacles to the claimant's integration. He submitted that the question of what ties the claimant had retained to Nigeria was a consideration but not the sole consideration. He submitted that there had been no adequate consideration of Article 8 of the ECHR.

I am satisfied that the decision of the First-tier Tribunal involved the making of errors of law such that it has to be set aside.