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This is an appeal by the Secretary of State against a determination of First-tier Tribunal Judge Somal, promulgated on the 2 nd September 2014, in which the Judge allowed Mr Odeyemi�s appeal against the refusal of his application for leave to remain in the United Kingdom and direction for his removal to Nigeria made pursuant to section 10 Immigration and Asylum Act 1999.
The Judge records in paragraph 5 of the determination that the case was advanced solely on the basis of Article 8 ECHR as the requirements of the Immigration Rules could not be met. In paragraph 18 the Judge recognises the fact that the interests of a private or family life would not prevail over the interests of immigration control and that Article 8 does not entail a general obligation for a State to respect an immigrants choice of the county of residence in its territory.
The Judge refers to the fact Mr Odeyemi entered the United Kingdom as a child aged twelve on a temporary basis and did not realise he had no status until he applied for a national insurance number at the age of seventeen in 2010. His evidence was that as soon as he was aware of his lack of status he made the application which lead to the refusal under appeal.
The Judge sets out the key findings in paragraphs 19 and 20 of the determination as follows:
The Secretary of State challenges this finding on a number of grounds. Permission to appeal was granted on the 9 th October 2014.
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