OA160732013

For the Respondent: Ms Bustani, Counsel, instructed by Paul John & Co Solicitors

The Respondent, born on 21 May 1946 is a citizen of India. On 10 April 2013 she applied for a grant of entry clearance as a dependent parent pursuant to paragraph EC-DR.1.1 (d) of Appendix FM to the Immigration Rules.

The application was refused on 10 July 2013 on the basis the Appellant was not satisfied that the Respondent met the requirements of paragraph EC-DR.1.1(d) of Appendix FM of the Immigration Rules. The Appellant took a number of points.

The Appellant noted that in a previous application for entry clearance made in June 2011 the Respondent had claimed to be financially self sufficient, although she now claimed to financially dependent upon her son living in the UK, the sponsor, and a second son living in the USA. She had not provided adequate evidence of her financial circumstances to explain any change, or to identify precisely what her financial position was.

Although the Respondent claimed to suffer from diabetes and high blood pressure, which was treated with medication, she had not provided evidence to suggest that due to age illness or disability her medical condition was such that she required long term personal care to perform everyday tasks. The medical evidence did not indicate a need for long term personal care, or explain why if she did, such care was not available to her within India. On the face of the evidence provided the medical care that she required was available to her, and was accessible by her, in India.