We have recently been successful in an appeal which has led to our client, aged 84, obtaining leave to remain on the basis of her family and private life. This follows an initial leave to remain refusal by the Home Office.
Our client made an application based on exceptional circumstances outside of the immigration rules.
Background
Our client is an 84 year old Chinese national. Her son and his family live in the United Kingdom and she has been visiting them regularly from China over the years. She had always complied with her visa requirements.
During her recent visit, our client was involved in road traffic accident whilst crossing the road, which led to her suffering significant injuries to her head and back. Although her physical injuries were slowly recovering, our client became dependent on her son, and feared living on her own in China.
An application was made outside of the rules for her to remain in the UK with her son. The Home Office refused the application stating that there were no extenuating circumstances, and she could receive adequate treatment in China.
We appealed the decision.
The Appeal
The Appeal was heard by the First-tier Tribunal. The Secretary of State for the Home Department (SSHD) relied on their reasons given in the refusal of the application.
Our key arguments were as follows:
1. Our client was a genuine visitor and had a long history of compliance with UK immigration rules.
2. We argued the importance of appreciating the context of her circumstances that led to the application for leave to remain. The client would have returned to China if it was not for the road traffic accident
3. There would be significant obstacles to her integration in China due to her ill health, frailty and age, together with lack of support
4. Our client had established both a private life and family life as she has closer than normal emotional ties with her son following her accident and was no longer independent. Removal from the UK would therefore be disproportionate.
The case was reserved and after a few weeks, we received a decision allowing the appeal.
Our Comments
This was an appeal that was of great importance to our client. If the Tribunal dismissed our client’s claim, then our client would be forced to return home where she would live alone without any support. We were adamant of the need for a successful outcome, as we could see the severe effect that it would have on our client’s well-being should she be forced to return to her home country of China.
We are very pleased with the result. The decision made by the Home Office initially had a lack of empathy and compassion of the client’s circumstances. The client is 84 and suffered a significant injury here in the UK and the only family member she had was her son, who lived in the UK. We are pleased that she will now receive the support she needs from her family in the UK.
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