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(1)                Mr SARAN SINGH
(2)                MRS JASWANT KAUR
The Appellants, husband and wife, appealed with permission granted by Upper Tribunal Judge O'Callaghan on 16 October 2023, against the decision of First-tier Tribunal Judge Oxlade who had dismissed the linked appeals of the Appellants against the refusal of their Article 8 ECHR human rights claims. The decision and reasons was promulgated on or about 6 September 2023.
The Appellants are Indian nationals, originally from Afghanistan, respectively born on 1 January 1949 and on 1 January 1956. They entered the United Kingdom as visitors, with leave until 10 May 2021.` They became overstayers. On 7 December 2021 the Appellants applied for leave to remain on Article 8 ECHR family life grounds, which the Respondent refused on 26 January 2023.
They contended that their existing health problems had become worse to the extent that they were now dependent on their family in the United Kingdom and would not manage on return to India. They needed support with daily living, which was provided by their son and his wife, with whom they were living. The Appellants' case was that individually and together they met paragraph 276ADE(1)(vi) of the Immigration Rules, because their health conditions and lack of available support in India amounted to very significant obstacles to their reintegration.
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