UI2023003370

In a decision dated 18 October 2023, I found an error of law in the decision and reasons of the First tier Tribunal, following a concession by the Secretary of State that the Judge had not dealt appropriately with the question and issue of emotional dependency, which constituted a material error of law. The appeal was adjourned for re-making with the findings of fact uninfected by error of law preserved and directions for the service of further evidence. That decision and reasons is appended.

In light of the report of Dr Junaid dated 7 March 2023 that the Appellant lacks litigation capacity, Ms Sood sought and at my request made an application in writing for the Appellant's son to be appointed her litigation friend. I acceded to this request in line with R (on the application of JS and Others) v Secretary of State for the Home Department (litigation friend - child) [2019] UKUT 64 (IAC) citing AM Afghanistan [2017] EWCA Civ 1123 at [44]. Mr Harpinder Singh confirmed that he agreed to take on this role on his mother's behalf.

The issues are whether the removal of the Appellant would be contrary to article 8 of ECHR/GEN 3.2 of Appendix FM of the Rules and whether there would be very significant obstacles to her integration in India. The following findings of fact made by the First tier Tribunal Judge were preserved:

(i) At [19] that the Appellant is a vulnerable witness and that there was no factual dispute over her present circumstances in the United Kingdom;

(ii) At [24] that all her children were now abroad and no longer living in India;