Successful Human Rights Appeal Allowed in a Highly Complex Case
We have successfully represented a 79-year-old client in a human rights appeal before the First-tier Tribunal (Immigration and Asylum Chamber), with the appeal allowed on Article 8 ECHR grounds.
The case concerned a refusal of leave to remain based on private and family life. The client, a widower with serious and deteriorating health conditions, lives in the UK with close family members who provide daily care and support.
Medical Evidence and Health Considerations
The Tribunal accepted extensive medical evidence confirming that the client:
- requires 24-hour supervision
- suffers from significant mobility restrictions and chronic pain
- has cognitive impairment consistent with early dementia
- is not currently fit to travel
- would be unable to access appropriate and affordable care if returned abroad.
Tribunal’s Findings
Although the client spoke the language of their country of origin and had lived there previously, the Tribunal found that their current health and care needs fundamentally altered the position. The Judge concluded that the client would face very significant obstacles to integration, including the absence of realistic care arrangements and meaningful family support.
Importantly, the Tribunal also found that the level of dependency between the client and their UK based family members was sufficient to engage Article 8 family life, and that removal would be disproportionate.
Cases of this nature are particularly complex and have a very low success rate, given the high legal threshold and the strict application of the Immigration Rules. The appeal was nevertheless allowed, with the Tribunal confirming that there was no public interest in removal in these circumstances.
How We Can Help
If you or a family member is facing a similar situation, or have questions about a complex human rights or Article 8 application, our team would be happy to assist. These cases require careful preparation and detailed evidence, and early legal advice can be crucial. Please contact us to discuss your circumstances in confidence.
