Earlier this year Alex Papasotiriou and Alexandra Pease, working together with Thomas Hill, one of our dedicated Legal Associates, achieved a successful result on behalf of our clients. Our clients were refused indefinite leave to enter as Adult Dependent Relatives. The matter progressed through the appeal process and was ultimately successful.
Background to the Case
Our clients, the Appellants, were a husband and wife. They were both Indian citizens and their son, the Sponsor, was a British citizen. He had an established life in the UK with a young child and could not therefore return to India to provide long-term care.
Until recently, the Appellants were cared for by their other son in India. Unfortunately, he passed away, and the Appellant's daughter-in-law was unable to step in and provide the long-term personal care they required.
The only option for the Appellants was for their young grandson to provide care to the Appellants. This was the only viable short term option, combined with short visits by the Sponsor to India. There were no other family members or friends who could assist.
The husband suffered from diabetes, hypertensive and lack of vision. In addition, he had progressive cognitive impairment. He was prone to memory impairment and experienced difficulty with adapting to changes, meaning he was averse to care by anyone other than the Sponsor.
His wife suffered with osteoarthritis of the knees, which was deteriorating. She was unable to provide the care her husband required. The Sponsor had contacted numerous care facilities in India; they either did not respond or provided confirmation that they could not assist.
Adult Dependent Relative Visa Application
Given the situation, the lack of available care and the fact the Sponsor was based in the UK, they made applications for leave to enter as Adult Dependent Relatives. Both applications were refused by the Home Office, on the basis that the Appellants did not require long-term personal care and, if they did, that care was available. The wife's refusal failed to acknowledge that she had been relying on her husband's circumstances, as provided by the Rules. As such, her appeal was dependent upon the outcome of that of her husband.
Appeal to the First-tier Immigration Tribunal
The Appellants appealed to the First-tier Tribunal (Immigration and Asylum Chamber) under section 82(1) of the Nationality, Immigration and Asylum Act 2002 against the decisions of the Home Office to refuse the human rights claims of the Appellants. The Appellants appealed on the ground that the Home Office's decisions were unlawful under section 6(1) of the Human Rights Act 1998, because they disproportionately interfered with their, their son's and remaining UK-based family members' family life under Article 8 ECHR. Given the factual overlap and relationships, the appeals were linked.
The applications and appeals were advanced on the basis that the husband should be cared for by family, to whom he was only amenable and who could care for him effectively. Any other care that may be available in India would not be adequate for the husband's needs, practical, emotional and cultural.
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