JCWI faced a series of obstacles in fighting for the future of this client. By August 2016 we had exhausted all rights of appeal. Despite an initial refusal of legal aid, we lodged a Cart Judicial Review (a JR is the legal procedure to review a decision of a public body, such as the Home Office). This was successful, meaning that the appeal proceedings were revived and our client’s appeal was allowed. In March 2017 our client was granted limited leave to remain for 30 months with recourse to public funds.
Our client suffers from Bipolar Affective Disorder and lives in supported accommodation. Had JCWI not continued to fight, he would have been forced to return to Nigeria, where mental health support services are non-existent. He would have had to leave behind his support system, namely his wife and sister, in the UK. The likelihood of him relapsing upon return was high.
This had all been accepted at our client’s first appeal at the First Tier Tribunal (FtT), and yet it was still dismissed. This error was subsequently corrected by the Upper Tribunal, which found that the judge in the original appeal had in fact made an error of law: having accepted that our client was likely to suffer a mental health relapse if returned to Nigeria, the judge should have allowed the appeal.