IA106742014

The appellant is a citizen of Nigeria born on 7 September 1993 who entered Britain as a visitor on 4 November 2004 and overstayed after his leave expired in February 2005. On 20 May 2013 he applied for indefinite leave to remain. That application was refused and a decision was made to remove him to Nigeria. The appellant appealed. His appeal was dismissed by Judge of the First-tier Tribunal Youngerwood in a determination promulgated on 3 October 2014.

An application for permission to appeal was refused in the First-tier but then granted in the Upper Tier by Deputy Judge of the Upper Tribunal Archer on 30 March 2015. The appeal then came before Deputy Judge of the Upper Tribunal Juss who set aside the decision of Judge Youngerwood and remade the decision allowing the appeal. The basis of his decision was that he incorrectly believed that the appellant had lived in Britain for 22 years.

On application to the Court of Appeal the decision of Deputy Judge of the Upper Tribunal Juss was set aside and the matter remitted to the Upper Tribunal.

In these circumstances the appeal came before me to determine whether or not there was a material error of law in the decision of Judge Youngerwood.

As stated above the appellant arrived in Britain in November 2004. At that date he was aged 11. He entered Britain with his brother and since his arrival has been looked after by his uncle and aunt ostensibly on the basis that his parents had been in financial difficulties in Nigeria. The appellant's younger brother, with whom he had arrived in Britain, has now been granted indefinite leave to remain.