Appeal allowed for Appellants from Sri Lanka on compelling and compassionate circumstances outside the rules application which was initially refused by the SSHD.

The Appellant and his wife are nationals of Sri Lanka both aged 70, who entered the UK to visit their daughter and family.  They had come to the UK on many occasions in the past and never breached immigration rules.    However, the First appellant’s health deteriorated after his last visit and was advised by the GP to seek Psychiatric help in a private clinic  whilst being in the UK,  The Appellant’s wife also had medical conditions and could no longer care for him on her own and were reliant on the Appellant; s daughter and family for emotional and physical support.  The

The Appellant’s daughter/sponsor and granddaughter gave evidence. An appellant bundle of over 250 pages were filed together with an Expert Psychological report of Dr Rozmin Halari together with Counsel’s skeleton argument.  

The appeal was allowed by the Immigration Judge who held that removal of the Appellants would be a breach of the right of respect to family life of the family. The Judge also considered the argument of the affect of the parent’s removal on the daughter’s own health in the UK and held that removal would have an impact.  The Judge held that the Appellant would not be able to access the additional psychological therapy as set out in the Consultant Psychiatrist report and thus removal from the UK would be disproportionate. 

The Appellants were represented by Ms Kiran Panesar of the Southall Office and Counsel Ms Rehana Popal of 33 Bedford Row Chambers.