VA024082015

In his submissions Mr Oke said that he worked in the United Kingdom and could not go in and out of Nigeria because of his job. He had requested the appellant to visit him to resolve this problem. It was difficult for him to get time off. He had had a stroke last year and palliative care. He worked as a staff nurse and this was demanding work. He produced all the evidence to the judge and she had accepted it all. He argued that the decision in Mostafa was not relevant and he hoped that the case would be reconsidered.

By way of reply Mr Oke said that the case law was not relevant to how the judgment was made and he asked the Tribunal to reconsider the case.

I see the force of the point made by the judge who granted permission that the "compelling circumstances" criterion can be seen from the decision in Kaur to relate to persons who do not meet the requirements of the Rules although it may be the case that Article 8 is engaged.