IA028712014

For the Appellant: Miss P Yong, Counsel, instructed by Polpitiya & Co Solicitors

This is an appeal by a female citizen of Sri Lanka now aged 89 years, against a decision of the First-tier Tribunal dismissing her appeal against the decision of the respondent refusing to vary her leave to remain in the United Kingdom. The decision complained of has not always been indentified as an appealable immigration decision but I am satisfied that the Tribunal does have jurisdiction to hear this appeal.

The case has taken some interesting twists and turns but the essential points are set out below. The appellant has a history of coming to the United Kingdom to visit her son and daughter-in-law with permission and leaving in accordance with that permission. On the occasion of the most recent visit she had permission to remain in the United Kingdom until November 2013.

The appellant�s health deteriorated. This is not at all surprising for a woman of her age. She had a fall. There is medical evidence that she suffered recurring nose bleeds. Attempts to stop the bleeding at a minor injuries unit were unsuccessful and she had to be taken to hospital. Nobody is making too much of this episode. It was not suggested that the appellant was gravely ill but medical attention was necessary and she was diagnosed with blood pressure problems and a shortage of iron. The National Health Service�s charges for this treatment have been met by the appellant�s family.

More significantly for the purposes of this appeal, it was the opinion of the general medical practitioner dealing with the appellant in September 2013 that she was not fit to travel.