Shoba Aziz, instructed by Nicholas and Co solicitors, was successful in a human rights (section 55) appeal, allowed for a Nigerian national who had been fighting to remain in the UK with his daughter.
Shoba’s client had attended court a total of 5 times and it was on the fifth occasion, represented by Shoba, that his appeal was allowed. The Appellant has a seriously ill daughter who wasn’t a qualifying child, but with whom he had built a very close relationship with. The daughter’s mother was suffering from mental health problems.
Shoba presented detailed submissions to the court explaining that the Appellant was unable to return to his country and leave his daughter with an uncertain future. He also had family proceedings in the court for contact with his child and had to remain in the UK for this purpose. If he was to return to Nigeria, he would not be able to return to the UK and his bond with his daughter would suffer. Shoba argued that the Appellant has parental responsibility of the child as a second parent and that if anything were to happen to the mother, this would cause detrimental and devastating effects for the child.
The appeal was allowed on article 8, exceptional circumstances, on the basis that it would be unduly harsh for the Appellant to return to Nigeria.
Shoba’s full profile:
https://greatjames.co.uk/members/shoba-aziz/