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At the hearing before the First-tier Tribunal both parties were represented. The judge set out the reasons why the Respondent refused the application. This decision engaged with paragraph 276ADE(1) of the Rules and the Immigration Rules relating to adult dependent relatives. The judge heard evidence from the Appellant and the Appellant's daughter. The Appellant was, at the date of the hearing, aged 66 and had been living with her only biological daughter and grandson in the UK since she arrived had arrived here as a visitor on 16 November 2016. She has been visiting the UK since 2001.
"18. I have considered all of the documentary evidence before me submitted by the Appellant and the Respondent. It is clear that the Appellant cannot meet either Appendix FM or paragraph 276 ADE of the rules.
The obvious issue in this case is the fact that the Appellant is now 66 years old and has been living with her only biological daughter in the United Kingdom since her arrival on the 16 th November 2013. She has been visiting the UK since 2001 and has no close family in Serbia, save for two sisters who live in different cities, about 100km away from her and were about 80 years old.
The Appellant's daughter also gave evidence that there had been a change in her mother's condition since 2013, she was weaker, she had attacks on a daily basis and problems with her heart and blood pressure where she could not see or could not cook. Her daughter also stated that the neighbour who usually helped her was really sick and she was the only one who she could rely on when her mother suffered with an attack. She said she often helped her in the toilet and to brush her teeth but she had never researched whether any help was available in Serbia itself.
Her daughter had previously visited her at the time she had had her baby who was three months old and was now back at work. It is understandable that the Appellant and her daughter wish to be together, especially during this time as the Appellant is getting older, however I find it is unfortunate that there is insufficient evidence to show the level of the Appellant's incapacity, which requires her daughter to assist her.
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