IA004562014

The appellant is a national of India, born on 12 th January 1941. She arrived in the UK on 20 th June 2012 on a visit visa valid until 20 th December 2012. On 6 th December 2012, she applied for leave to remain indefinitely outside the immigration rules on the basis of her family and private life in the UK.

The respondent also considered her application on the basis of exceptional circumstances which, consistent with her right to respect for private and family life within Article 8 of the Human Rights Convention, might warrant consideration by the respondent of a grant of leave to remain in the UK outside the requirements of the rules. It was decided that they did not. The threshold for exceptional circumstances is high and her claims did not meet that threshold.

Her appeal before First-tier Tribunal Judge K. St. J. Wiseman was dismissed both under the rules and on Article 8 grounds.

The background circumstances are that the appellant was a permanent resident of Kolkata in India. Her sponsor was her son. He has been resident here since 2009 for processional reasons.

He contended that his mother had �no close ties to take care of her� or to provide her with emotional support in India and was largely dependent on him for financial support to meet her living and financial expenses. She broke her leg in 2010 and was consequently hospitalised, requiring special treatment to regain mobility. She has not recovered fully and requires assistance for travelling and moving about. He referred to other ailments such as chronic arthritis and high blood pressure.