Tribunal Appeal & Article 8 - urgent advice if possible

Hello,

My brother made an asylum application in the UK which was refused by First-Tier Tribunal. He then applied for permission to appeal and that was also refused - he is in the Fast-Track process. He is married to a British Citizen who lives here. His wife has 2 children, although he is not natural father they do have a bond, he has known his wife and the children for years but they only married late last year. He is tomorrow going to apply to Upper Tribunal for permission to appeal, as First-Tier refused permission.

A real concern is, at First Tier Tribunal he had asked for human rights (Article 8 & family life with wife & children) to be taken into account alongside his asylum application. Just prior to Tribunal hearing his wife gave his legal representative a bunch of documents such as family support letters, correspondence between himself and wife/children whilst he was living abroad, etc..but representative did not give these to the Judge, in fact representative was very vague in court. I am bearing in mind that appeal is only allowed 'on point of law'. But I feel there is a real unfairness here ie that he was misrepresented/relevant information to depict family life was not shown to the Judge and so the 'Article 8' aspect of his claim could not have been properly dealt with. He did say this in his 1st request for permission to appeal but decision was that, Juge had rightly made decision on papers before him and so, permission was not granted.

I understand the Judge could only have decided application on papers before him. But we are really confused on this 'points of law' thing as it seems really unfair that he could be denied permission to appeal and put before the Judge all the evidence/paperwork that his legal representative failed to present on his behalf relating to Article 8/family life etc.

Does anyone have an idea as to what he could put down in his request for further permission to appeal that could possibly make them consider his request? Anything on 'point of law' he could mention? He just wants the chance to present that evidence to a Judge, and have a chance to speak for himself.

Any advice much appreciated, especially in terms of what is deemed an 'error of law!'