IA171412014

The Appellant in this appeal to the Upper Tribunal shall, hereinafter, be referred to as the Secretary of State. The Respondent in this appeal to the Upper Tribunal shall, hereinafter, be referred to as the Claimant. This is the Secretary of State's appeal to the Upper Tribunal in respect of a decision of the First-tier Tribunal (Judge Stott) promulgated on 8 th January 2015 allowing the Claimant's appeal against the Secretary of State's decision of 25 th March 2014 to remove her from the UK under Section 10 of the Immigration and Asylum Act 1999.

By way of background, the Claimant is a citizen of Nigeria and was born on 18 th December 1968. She has a daughter, also a citizen of Nigeria, who was born on 29 th April 1998. The Claimant had, prior to coming to the UK, lived in Italy for a number of years and, indeed, her daughter had been born in that country. The two of them then entered the UK on 12 th July 2005 in possession of visit visas conferring leave to enter until 15 th September 2005. The Claimant and her daughter remained in the UK after their respective visit visas had expired.

There is a history of the Claimant having made a number of applications on behalf of herself and her daughter to regularise her stay in the UK but all of those applications have been refused. Ultimately, the Secretary of State took the decision referred to above with respect to removal. It was intended to remove the Claimant and her daughter together and to return them to Nigeria.

It is perhaps helpful, at this stage, to set out the relevant provisions of EX.1 which are contained within Appendix FM to the Immigration Rules. They are as follows;

(i) the applicant has a genuine and subsisting parental relationship with a child who -