Marsans determination keeps family together

“We are a very close family. My siblings, my father and I cannot imagine if my mother were sent to live in another country all alone…”

A few months ago, we were approached by the family of a woman whose application for further leave to remain in the UK had been refused by the Home Office. Her husband and four adult children had all previously been granted settled status in the UK and were all working and/or studying in the UK. The woman suffered from both physical and mental illnesses and spoke very little English. However, it was clear from the onset that she had a very close and supportive family, as they all lived together in one house and were very much involved in each other’s lives.

We were instructed to represent the woman and help her attain further leave so that she could remain in the UK with her family, as she had no one who would be able to look after her if she were sent back to her home country. Since her application had been refused on the grounds of an alleged deception, we advised that it would be more appropriate to appeal the refusal decision rather than to submit a fresh application. However, this was still not without its hurdles, since our client had not been granted a right of appeal. Despite this, and the recommendation from two barristers that on the merits of the case, our client had an extremely low chance of success, we ensued to draft grounds to seek permission for appeal rights on the grounds of human rights. The matter was successfully listed for an oral hearing, where it would fall on us to provide strong evidence to convince the judge that our client’s appeal should be allowed.

In preparation for the hearing, we instructed an independent medical expert, who conducted a psychiatric evaluation of our client and produced a report. We also advised our client’s family members to produce witness statements and to be prepared to give evidence in court to support her case. We then produced a bundle of documents containing all the supporting evidence, which was sent to the court for the hearing. Finally, we instructed a barrister with whom we had closely worked with on a number of previous matters. Although we were initially advised that the case had low merits, we worked with the barrister to build a strong case and hopes began to rise all around.

On the day of the hearing, our client and her family all attended. After assessing the bundle of documentation, hearing the family members’ witness statements, and hearing the submissions from our barrister, the judge reserved his judgment.

By the end of the month, we received the judgment and the fantastic news that the appeal had been allowed. It was conceded that our client was a vulnerable person and that her removal from the country and separation from her family would cause further harm to her wellbeing. Our client can now remain in the UK with her family and continue to give and receive support to and from her family.

At Marsans we are dedicated to protecting individuals and families facing problems with the Home Office.

If you or anyone you know requires advice on challenging a Home Office decision, please contact us on 020 7499 0620 or email@marsans.co.uk and we are happy to offer our professional assistance.