UI2024001131

           T h is is the appeal of Bibi Humera, a citizen of Afghanistan born 1 January 1994, against the Respondent's refusal of her entry clearance application. The First-tier Tribunal previously dismissed the appeal but there were a number of errors in the determination such that I set it aside in my own decision of 19 June 2024. As noted in that error of law decision, it was appropriate to treat the findings of fact made below as preserved and to retain the appeal in the Upper Tribunal for re-hearing.

           The family's case is that the Appellant lacks legal status in Pakistan, has never worked or lived independently, and has always depended on her father's financial support; he earned something over £19,000 annually and had £48,000 in savings, and rented a flat with a large living room and two double bedrooms. Her father still made decisions regarding her religious upbringing, education and leisure activities, and they were regularly in touch by telephone. Her parents had last visited her in October 2023 for one month.

           Mr Melvin for the Respondent submitted that there was a significant delay in making the application on her behalf which diminished the degree of family life established between her and her UK relatives. The Appellant had been able to gain some education in Pakistan and had not lived in a state of complete confinement. There had been a long history of Afghan refugees being accommodated in Pakistan.

           Taking them in aggregate from the original refusal letter, pre-First-tier Tribunal appeal hearing review and Mr Melvin's skeleton argument, the Respondent's submissions are essentially that the Appellant

(a)           Could not satisfy the only available immigration route under the Immigration Rules, that of adult dependent relative, as she could not establish a need for long-term care to perform daily tasks due to illness or disability;