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The present appeal is brought by the Secretary of State for the Home Department against the decision of the First tier Tribunal (Judge Behan) dated 17.3.15 allowing OO's appeal, on human rights grounds, against the Respondent's decision of 10.14.14 to administratively remove him to Nigeria. In this decision, I shall refer to the parties as they were identified before the First tier, that is that OO is the Appellant, and the Secretary of State for the Home Department is the Respondent.
The Appellant had made an application for leave to remain on family life grounds, being in a relationship with TO (n�e A), a British national, and being married to her since 15.7.11. In his application for leave to remain, he had also argued that his removal would amount to a breach of his rights under Article 3 ECHR on the grounds that there would be inadequate treatment available for him in Nigeria for his HIV infection and kidney disease.
(i) although the Appellant claimed to have entered the United Kingdom in 2002, the Appellant was lying about the circumstances of his arrival, and the earliest that the Judge was satisfied the Appellant was present in the UK was in 2005 (based on medical records) [30] and [46];
(iii) the Respondent accepted that the Appellant and TO are in a genuine and subsisting relationship [33],
(iv) their relationship was started at a time when the Appellant was in the UK illegally [35];
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