UI2024001446

             The appellant is a national of Argentina born on 1 September 1939. On 7 January 2023 she applied for entry clearance to join her daughter ("Mrs Escobar") and son-in-law ("Mr Liste") in the UK. On the refusal of that application she appealed. The First-Tier Tribunal Judge's found that she did not meet the requirements of immigration rules. His preserved findings were the following:

(i)              That the appellant had not shown that she required assistance with everyday tasks. She had a medical condition but that combined with her age was not sufficient to raise a presumption that she required help with everyday tasks. Her son was not fulfilling any caring role in relation to her [22];

(ii)            In any event, even if she did require assistance with everyday tasks, the appellant had not discharged the burden of proof on her to show that support services she required were not available [23] [24];

(iii)          As there was no clear evidence as to the sponsor's finances, the burden of proof that the financial requirement was met had not been discharged [25].

             At the time of the remaking hearing, the appellant was in the UK, although she was not present at the hearing due to fears about the effect of the stress of the hearing on her. She had come to the UK for a visit on 5 November 2024 and she had a flight booked back to Argentina on 9 March 2025.