20 August

An interesting case called Dasgupta has reached the Immigration Upper Tribunal, the senior tribunal for immigration cases.

The case was about an elderly Indian man who had applied for an Adult Dependant Relative visa so that he could come and live with his daughter, who is settled in the UK. Readers may know that in 2012 the conditions for this visa was made far more difficult then previously, with the result that very few applications have been successful.

The immigration official at the British High Commission in India had refused the application because it was deemed not to meet the requirements of the Immigration Rules. The applicant had appealed to the First-Tier Immigration Tribunal, which is the junior immigration tribunal. The First-Tier Tribunal had overturned the immigration official’s decision, on human rights family life and rights of child grounds, and said that the applicant was entitled to the visa. But the immigration officer had appealed against the First-Tier Tribunal’s decision, and thus the appeal reached the Upper Tribunal.

The Upper Tribunal – rather unexpectedly perhaps – agreed with and maintained the First-Tier Tribunal’s decision and said that the applicant was entitled to the visa.

So family life human rights law was able – in this particular case – to save the day and the elderly gentleman was able come and join his daughter in the UK.

It will not be in every case that family life human rights law will be able to assist so well but it is worth bearing in mind that, in a compelling case, it can be very effective.

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