ELDERLY Mother PERMITTED to stay in the UK with her British adult daughter

Excellent news! Adult dependent relative appeal allowed on the spot by the First-tier Tribunal (Immigration and Asylum Chamber).

Our client, a Ukrainian national, came to the UK on a visit visa to visit her daughter and grandchildren, who are British nationals. While being in the UK, she was diagnosed with dementia which made it impossible for her to return to her home in Eastern Ukraine.

On the advice of her previous representatives, she made an asylum claim in the UK, which was refused by the Home Office.

Throughout that process, our client health continued to rapidly deteriorate, so she applied by herself to remain in the UK with her daughter, who was her primary, and only, carer. This application was also refused by the Home Office and so our client contacted Oksana Demyanchuk to appeal the decision.

Accordingly, a notice of appeal was lodged on the grounds that the refusal of our client’s application breached her Article 8 Human Rights.

At the appeal hearing, on the basis of the evidence and submission put forward by Oksana Demyanchuk, the Judge accepted that:

  • our client has very serious health issues and is incapable of performing safe day to day self-care;
  • our client’s British daughter provides her with round the clock personal care and support all the time and this care is irreplaceable;
  • our client’s medical condition presents a very significant obstacle to her integration into Ukraine;
  • after the death of her husband our client has no close family members in Ukraine who can provide her with necessary care;

Thus, the Judge allowed the appeal on the human rights grounds (article 8 ECHR) concluding that

This is one of those exceptional cases where the Appellant’s removal from the United Kingdom would be unjustifiable harsh.

 

Should you have any immigration related question please do not hesitate to contact us on oksana@sterling-law.co.uk and michael@sterling-law.co.uk.

Or call us: +44 (0) 207 822 8535