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The appellant is a 68 year old national of India who has suffered two recent tragedies. Her husband whom she had been caring for (he suffered dementia and kidney failure) died on 23 June 2013. Two of their three sons who attended the funeral were involved in a rickshaw accident. One died and the other suffered serious injuries. Although the circumstances of the son who died are not clear, the remaining sons are British nationals and live in this country with their families.
Thereafter the appellant made a visit to the United Kingdom during which she made application for discretionary leave outside the Rules on the basis of her health difficulties and the absence of any relative she could turn to in India. She relied on a letter from Dr Joseph from the Holy Ghost Mission Hospital who explained that she was
�... on treatment for osteoarthritis of knee with diffusion � difficulty in walking; type 2 diabetes mellitus with peripheral neuropathy; systemic hypertension; dyslipidemia; cataract � immature B/IIs; early Parkinson�s � with tremors; patient difficulty in emulation and needs support of the family members for the day-to-day activities�.
It was conceded before First-tier Tribunal Judge Boyd that the appellant was unable to meet the requirements of Appendix FM or paragraph 276ADE. He dismissed the appeal under the Immigration Rules and on Article 8 grounds.
Miss Hashmi agreed that that it was possible to identify the following from the somewhat discursive grounds of appeal:
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