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            The Appellant is a national of Nigeria, born on 3 April 1969 who on 22 December 2020 applied for leave to remain on human rights grounds.
            The Respondent refused his application in a decision sent out on 14 October 2021 because he had not demonstrated there would be very significant obstacles within paragraph 276ADE(1)(vi) HC 395 and there were no exceptional circumstances which merited a grant outside the Immigration Rules. The Appellant appealed this decision.
            The case was listed before Judge of the First-tier Tribunal Cruthers (hereinafter referred to as the FTTJ) on 30 August 2022 and in a decision promulgated on 5 October 2022 the appeal was dismissed.
            Permission to appeal was sought on behalf of the Appellant by his representative on 19 October 2022 which was initially refused by a First-tier Tribunal Judge. Permission to appeal was renewed to the Upper Tribunal and permission was granted by Upper Tribunal Judge Perkins on 3 January 2023 who gave permission to appeal on all grounds and stated:
"3. I am particularly concerned that the First-tier Tribunal Judge might have erred in making adverse findings when the Respondent did not consider the claim on human rights grounds because it could have been made on asylum grounds and then by not attending the hearing.
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