IA201132013 & IA201162013

The parties are as described above, but this determination refers to them as they were in the First-tier Tribunal.

The appellants are citizens of Nigeria. They appealed to the First-tier Tribunal against the respondent�s refusal of leave to remain as a Tier 1 (Entrepreneur) Migrant under the points-based system (PBS) and as a dependant.

By determination promulgated on 3 rd February 2014 Judge D C Clapham SSC dismissed the appeals in so far as taken against refusal of the PBS applications. No issue is now taken in that respect.

(b) The judge concludes pursuant to medical evidence that it would be in the best interests of � D � to remain in the UK and receive treatment for his overactive thyroid � The judge�s findings fail to provide any conclusions on comparable care in Nigeria � The onus would be on the Appellants to substantiate that there is no provision available in Nigeria and that this would amount to something exceptional, i.e. �very compelling� �

(c) � In the absence of evidence to the contrary � the best interests of the Appellants� child can be realised in Nigeria with the support of his parents. ZH (Tanzania) [2011] UKSC 4 recognises that the child�s best interests are served by having access to both parents � In the absence of evidence to the contrary it is submitted that D would be able to receive health care while this may not be of the same quality as can be expected in the UK this would not automatically amount to something exceptional. Zoumbas [2013] UKSC 74 makes plain at paragraph 24: