Home Office Withdraws Human Rights Refusal Decision

• Published date: 08 November 2022
• Subject Matter: Government, Public Sector, Immigration, Human Rights, General Immigration
• Law Firm: Richmond Chambers Immigration Barristers
• Author: Ms Olivia Waddell

Catherine Taroni and Bernie Wood, working together with Olivia Waddell, succeeded in securing a positive result for a client of Richmond Chambers.

Our client had entered the UK as a Visitor. During this visit, her UK-based family members had noticed a deterioration in her mental and physical health which made them concerned about her ability to return to her home country without family support. Before coming to us, our client had made an application for leave to remain on this basis, which had been refused.

We were instructed at the immigration appeal stage and were able to prepare an appeal skeleton argument and extensive bundle of evidence. Having reviewed these, the Home Office decided to withdraw its refusal decision without the case going to a hearing.

Background to the Case

The case concerned a client in her 60s, who had entered the UK as a Visitor. When entering the UK, she had intended to stay temporarily, and had booked a return flight. However, during this visit her family members in the UK observed that both her mobility and her mental health had worsened significantly.

Our client suffered from several health problems, which affected her mobility and her ability to walk and to care for herself. After experiencing a difficult change in her family circumstances which had resulted in her living alone, she had also begun to experience symptoms of depression and anxiety. She also developed an increased emotional dependency on her family members in the UK, particularly those with whom she was living.

Our client had no family in her home country who were able to provide her with appropriate care. Three months after entering the UK as a Visitor, she made an application for leave to remain in the UK on the basis of her private life. This application was refused over a year later, and the Appellant appealed to the independent First-tier Tribunal on the basis of human rights (Article 8). She was subsequently diagnosed with both depression and anxiety, having been assessed by a psychiatrist.

Application Prepared by Previous Legal Representatives

The Appellant's previous representatives had made submissions regarding her physical health and cited her concerns about the lack of care available to her in her home country. However, the Appellant's mental health had not been professionally assessed. The nature of her emotional dependence on her family and the personal care that she required, which could only be provided by family members, was not fully...