Ukrainian National Granted Discretionary Leave: Why Individual Circumstances Still Matter
We are pleased to share a successful outcome in a matter handled by Tetiana Derena and Daria Kotkova, where our elderly Ukrainian client was granted Discretionary Leave to Remain in the United Kingdom on the basis of compelling medical evidence and exceptional personal circumstances.
At a time when reports of refused Ukrainian asylum claims are appearing with increasing frequency in the media, this case is a reminder that the outcome of any immigration matter depends not on the headlines, but on the specific facts of the individual case, careful preparation, and the strength of the evidence placed before the decision maker.
The Background
Our client is a Ukrainian national who came to the United Kingdom following the escalation of the war in Ukraine. She applied for asylum, seeking international protection in light of her circumstances.
However, the case was not straightforward. Our client’s situation was significantly complicated by a number of serious medical conditions requiring ongoing specialist treatment and care. The nature and complexity of her medical needs, combined with her age and vulnerability, meant that her case raised substantial humanitarian considerations that went beyond the standard asylum framework alone.
Our Approach
Our team conducted a careful and thorough assessment of the full picture – the asylum claim, the medical evidence, and the broader humanitarian circumstances. It became clear at an early stage that the medical evidence would be central to achieving the best possible outcome.
We worked methodically to gather, structure, and present a detailed body of medical evidence, ensuring that the decision maker had a full and accurate picture of our client’s conditions, her treatment needs, and the consequences that return would carry for a person in her situation. Legal representations were drafted to address the relevant framework for Discretionary Leave on medical and humanitarian grounds, and to make clear why the specific facts of this case warranted a grant of leave.
Every aspect of the claim was prepared with her individual vulnerabilities in mind. The presentation of evidence was structured to tell a coherent and complete story about why this particular person, in these particular circumstances, was entitled to remain.
The Outcome
Our client was granted Discretionary Leave to Remain in the United Kingdom, allowing her to stay, receive the medical treatment she requires, and rebuild a degree of stability after an extremely difficult period.
This outcome reflects the importance of approaching each case on its own merits, and of ensuring that all relevant evidence – particularly medical evidence in cases involving elderly or vulnerable clients – is properly obtained, assessed, and articulated.
What This Case Illustrates
Recent media coverage has focused heavily on refusals of Ukrainian asylum claims, and it is accurate that the Home Office’s approach to Ukrainian protection claims has evolved as the war has continued. However, it would be a significant error to treat any individual case as predetermined by general trends or statistics.
Discretionary Leave exists precisely for cases that fall outside the standard protection framework but which nonetheless involve compelling humanitarian circumstances – serious illness, advanced age, particular vulnerability, or a combination of factors that together make it disproportionate for a person to be required to leave. These cases require careful identification and expert handling. They are not won by generic submissions; they are won by thorough, evidence-led preparation and the precise articulation of why this individual, in these circumstances, is entitled to a different outcome.
If you or a family member, are a Ukrainian national with an existing or potential immigration matter, it is important not to draw conclusions from general reporting. The right outcome in your case depends on your specific circumstances, not on what has happened in other cases.
At Sterling Law, we advise Ukrainian nationals and their families on the full range of immigration options available, including asylum claims, humanitarian protection, Discretionary Leave, and other routes to remain in the United Kingdom.
To discuss your circumstances with a member of our immigration team, please contact us.
