UI2024001328

      This is an appeal by the Secretary of State against the decision of First-tier Tribunal Judge Moffat to allow the appeal of Ms Kunti Kaur against a decision, dated the 27 th March 2023, to refuse her human rights claim.

      For ease of exposition, I shall refer to the parties according to their status before the First-tier Tribunal; that is to say, Ms Kaur as 'the appellant' and the Secretary of State as 'the respondent'.

      I do not make an anonymity order. No such order was made by the First-tier Tribunal, and it would thus serve no useful purpose to make an anonymity order at this stage. I am not in any event satisfied that there is an applicable exception to the general rule requiring 'open justice'.

      In giving reasons for their decision, the judge accepted that the appellant owned a property in India, that she had funds upon which she could rely were she to return [11, 23], that she had been able to access appropriate medical health care for her pre - existing physical ailments when in India, and that she would be financially able to do so again were she to return [24, 25]. The judge then continued as follows:

What is different now is the appellant's mental health and her understandable grief. The appellant's case is that her mental health has declined to such a degree following the death of her husband, coupled with her chronic back pain, meaning that she is now dependent upon her family in the UK for her care, physical and emotional needs.