IA011232014

The appellant sought permission to appeal to the Upper Tribunal on the basis that Ruby being British, the judge did not apply Sanade (British children � Zambrano � Dereci) (India) [2012] UKUT 48 (IAC) and failed to give sufficient weight to the public interest considerations that fell in the appellant�s favour when considering s.117B. The judge�s failure to give weight to that part of the appellant�s case resulted in him placing the public interest too high and in any event, it was apparent that he imposed too high a test at [21] of his decision by referring to �...... any risks ......�.

The grounds were renewed. Deputy Upper Tribunal Judge Bruce found that all grounds were arguable. The Sanade principles and the public interest considerations in s.117A-D applied, whether or not they were expressly mentioned in submissions to the judge.

Ms Querton relied upon her skeleton argument but told me that she was not pursuing the Sanade argument at [10]-[17] of the skeleton. Mr Kandola relied upon the Rule 24 response. There were no compelling circumstances. The appellant was not Ruby�s sole primary carer. Sanade was a case that was heard before the respondent introduced new Rules to codify Article 8 and the judge had carried out the correct assessment in that regard.

I do not accept that the judge was compelled to apply Sanade given its codification within the Immigration Rules. See the respondent�s reasons for refusal dated 13 November 2013 and in particular, with regard to EX.1 of Appendix FM.

The judge considered part 5A Nationality, Immigration and Asylum Act 2002 as implemented by the Immigration Act 2014. He went on to assess the public interest question as to whether an interference with the appellant�s right to respect for private and family life was justified under Article 8(2). He considered that the maintenance of effective immigration control was in the public interest. In particular in that regard, that those resident here were financially independent. The appellant�s husband did not satisfy the Immigration Rules because his annual salary was below �18,600.