Shoba Aziz, instructed under the public access scheme, successfully represented, on appeal, an elderly couple with medical conditions.
The Appellants came to the UK on a visit visa to see their family before the pandemic. They were not able to return to Sri Lanka as their medical conditions deteriorated. As the couple were in the UK they were not able to apply under the adult dependent route and an application was made under Article 8. The Respondent argued the Appellants have family in Sri Lanka, have managed to survive their whole life on their own, elderly care as well as medical treatment is available in Sri Lanka so they should both be returned.
Shoba submitted that the couple have their entire family here in the UK, they have been supporting them emotionally and financially. Their medical conditions have worsened since they have been in the UK and they need care. Their home in Sri Lanka had been re possessed and they now have no where to go.
The Judge agreed with shoba submissions and stated that ‘the lack of family support could exacerbate their physical and emotional well-being. Removing them from their family and grandchildren will be a breach of Article 8.’
The Judge allowed the appeal as well as making a costs order in favour of the appellants.
Shoba’s full profile: https://greatjames.co.uk/members/Shoba-Aziz/