Thus the appellate immigration authority must make its own judgment and that judgment will be strongly influenced by the particular facts and circumstances of the particular case. The authority will, of course, take note of factors which have, or have not, weighed with the Strasbourg court. It will, for example, recognise that it will rarely be proportionate to uphold an order for removal of a spouse if there is a close and genuine bond with the other spouse and that spouse cannot reasonably be expected to follow the removed spouse to the country of removal…”
It should be accepted that there is an appreciable and significant emotional bond and dependency by the applicant’s partner and child on the applicant.
The applicant has a family life with her partner and son who are British Citizens. The SSHD is required to treat the interests of the applicant’s child as a primary interest. It is of note that they are both settled in the UK. It cannot be suggested that the applicant’s child could move to Nigeria, and in any event following the Supreme Court decision of ZH Tanzania [2011] UKSC 4, it would not be reasonable to expect them to do so.
