HU/02467/2019

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: HU/02467/2019


THE IMMIGRATION ACTS


Heard at Field House
Decision & Reasons Promulgated
On 12th July 2019
On 23rd July 2019



Before

UPPER TRIBUNAL JUDGE MARTIN


Between

Mrs Charity Emmanuel
(ANONYMITY DIRECTION NOT MADE)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


Representation:
For the Appellant: Mr C Amgrah (UK Law Associates)
For the Respondent: Mr E Tufan (Senior Home Office Presenting Officer)


DECISION AND REASONS
This is an appeal to the Upper Tribunal by the Appellant with permission granted by a Judge of the First-tier Tribunal. The Appellant, who is a Nigerian national, had appealed a decision of 18th January 2019 refusing her Article 8 human rights claim. In the First-tier Tribunal the matter came before Judge Bell on 27th March 2019 at Nottingham and in a Decision promulgated on 17th April 2019 Judge Bell dismissed the appeal.
Permission to appeal was granted solely on the basis that it was arguably an error of law for the judge not to have set out the burden and standard of proof in the Decision. However, when you read the Decision as a whole it is quite clear that whether or not the judge has set out the burden and standard of proof, she has applied it correctly. It is an Article 8 case. She has set out the evidence, set out what she accepts and what she does not accept, carried out an appropriate balancing exercise and concluded that there are no very significant obstacles to the Appellant integrating into Nigeria with her child on return where she has extended family member and her husband. Mr Amgrah was unable to take me to any part of Judge Bell's Decision and Reasons where she has applied too high a standard of proof or reversed the burden of proof.
I can find no error of law in the Decision and Reasons and for that reason the appeal to the Upper Tribunal is dismissed.
Notice of Decision

The appeal to the Upper Tribunal is dismissed.

No anonymity direction is made.

Signed Date 17 July 2019

Upper Tribunal Judge Martin




TO THE RESPONDENT
FEE AWARD

I have dismissed the appeal and therefore there can be no fee award.

Signed Date 17 July 2019

Upper Tribunal Judge Martin