Elderly mother permitted to stay in the UK with her british adult son and her grandchildren

STERLING LAW 21.04.2021

Excellent news; adult dependent relative appeal allowed by the First-tier Tribunal (Immigration and Asylum Chamber)!

Our client, an Indian national, came to the UK with her husband lawfully to visit their son and grandchildren, who are British nationals. Sadly, her husband passed away suddenly while they were in the UK. Our client had a history of dementia with Parkinson’s disease along with anxiety and depression, which made her return to India unachievable.

On the advice of her previous legal representatives, she made human rights claim on medical grounds, which was refused by the Home Office.

The client then contacted Oksana Demyanchuk to appeal the decision.

Oksana has successfully argued in her grounds of appeal that at the age of 72, being a widow, regard must be had to the massive degree of physical and emotional dependency that Appellant had on her family in the UK, it was submitted that the only conclusion that can be reached on whether the appellant enjoys a family life for the purposes of Article 8 ECHR is, not only that she does, but that the continuance of such a family life is essential for her to maintain any semblance of a satisfactory existence.

Oksana has placed further arguments with the reference to KE (Nigeria) [2017] EWCA Civ 1382, by emphasizing that the Appellant would face very significant obstacles upon her return to India for the following reasons:

…she has no relations or other support in India; without any support there, she will be unable to cope there and it is extremely likely that she will not have access to medication which will keep her ongoing medical conditions in check.

Accordingly, a notice of appeal was lodged with the First-tier Tribunal. At the appeal hearing, on the basis of the ample evidence prepared and submitted by Oksana, the Judge has accepted that:

  • our client has very serious health issues and is incapable of performing safe day to day self-care;
  • our client’s British son 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 India
  • after the death of her husband our client has no close family members in India 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.

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