IA012472021

             The Appellant appeals against the decision of First-tier Tribunal Judge Swinnerton ("the judge"), dated 1 November 2021 following a hearing on 29 October of that year. By that decision, the judge dismissed the Appellant's appeal against the Respondent's refusal of his protection and human rights claims.

             The Appellant, a citizen of Nigeria born in 1978, had asserted that he was at risk in Nigeria by virtue of (i) familial connections to the Sango religious community and (ii) mental health conditions and the perception of these by Nigerian society. He also claimed that his mental health conditions and a renal condition were such that his removal would breach Article 3 ECHR and that his removal would breach Article 8 ECHR, given his circumstances and his relationship with his wife.

             The judge rejected all aspects of the Appellant's case. In summary he found that the Appellant had not been truthful in respect of the religion aspect of his protection claim [16]-[21]; that the Appellant did not suffer from any active mental health conditions [26][28]; that the renal condition was managed and stable [24]; and that the Appellant could go back to Nigeria and be accompanied by his wife, who herself had connections to that country [33].

             The grounds of appeal raise four issues:

(a)           first, that the judge had misapplied the principles set out in Devaseelan ;