ICD v The Secretary of State for the Home Department

Facts

The appellant, a Nigerian national, entered the United Kingdom on 27 December 2022 as the dependant spouse of her husband, on a visa valid until 27 July 2025. She claimed asylum on 17 June 2025. Her three children were dependants on her claim. She said that on return to Nigeria she risked serious harm from her husband and/or her husband's brother. The Secretary of State accepted that she had suffered domestic violence at the hands of her husband. It was not disputed that the husband was still in the United Kingdom, where he had no legal status. The appellant did not know where he was. She had made no statement against him, and he had not been charged, prosecuted or convicted. Under a family court order, his contact with the children was indirect only, by letters sent through his solicitor. The Secretary of State refused the claim by a decision dated 10 October 2025, and the appellant appealed to the First-tier Tribunal. The appeal was heard face to face at Taylor House on 14 September 2026. The appellant was the only witness. Because she suffers from anxiety and depression, the Tribunal applied the Joint Presidential Guidance Note No 2 of 2010. The appeal was brought on refugee, humanitarian protection and human rights grounds.