UI2023003057

              This is an appeal by the appellant against a decision of First-tier Tribunal Judge M Davies (the "Judge"), dated 26 June 2023, in which she dismissed the appellant's appeal against the respondent's decision to refuse leave to remain in the United Kingdom on human rights grounds. The appellant is a national of India who applied to remain on the basis of her family and private life.

              Permission to appeal was granted by Deputy Upper Tribunal Judge Wilding in a decision dated 28 March 2024 as follows:

"4. Ground 1 is unarguable. The Judge plainly has applied the correct standard of proof.

Equally ground 4 is unarguable. The Judge did not unlawfully apply the "effective immigration control test". Firstly, it is not a0 test, secondly it is rooted in s117B(1) of the 2002 Act as amended. That the appellant was not unlawfully in the UK may be a factor going in her favour, however her status is precarious, and there is a public interest in effective immigration control to those people who are not settled here.

I consider the rest of the grounds are however arguable. The Judge in particular in relation to the assessment of very significant obstacles has failed to consider whether the appellant would be able to integrate applying the test in Secretary of State for the Home Department v Kamara [2016] EWCA Civ 813 ;