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Although this is an appeal by the Secretary of State I refer to the parties as they were in the First-tier Tribunal.
The Appellants are citizens of Nigeria and they appealed to the First-tier Tribunal against the decision of the Secretary of State of 29 th May 2015 to refuse to grant them leave to remain on human rights grounds. First-tier Tribunal Judge Flynn allowed the appeal. The Secretary of State's application for permission to appeal against that decision was granted by First-tier Tribunal Judge Lambert on 15 th May 2017.
"The mother's serious mental conditions; the third Appellant's serious physical conditions; and the professional opinion (including the other reports that I have read but not quoted) that all three of them have suffered and are affected by trauma".
The judge allowed the appeals of the Second and Third Appellants on the basis that it would be unduly harsh to remove the children from their settled life in the UK to a country where they have no ties or knowledge and it would be difficult for the children to integrate there. As the judge considered it unreasonable to separate the mother and her children she also allowed the appeal of the First Appellant.
"strong grounds for considering Article 8 outside the Rules, since it is clear that the children have lived continuously in the UK since birth and that this is now over seven years in the case of the Second Appellant".
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