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       The appellant appeals with permission a decision of First-tier Tribunal Judge Curtis (the Judge), promulgated on 17 August 2023, in which he dismissed the appellant's appeal against the refusal by an Entry Clearance Officer (ECO) of her application for entry clearance as an adult dependent relative. The application was made on 15 September 2022 and refused on 18 January 2023.
       The appellant is a citizen of Pakistan born on 1 January 1947 who wishes to join her daughter, Ms Asmaa Chaudhry ('the sponsor') in the UK.
       The Judge notes the appellant claims to live alone in Lahore in Pakistan, to have heart problems, anxiety and depression and cognitive issues, that she needs help for her personal care, but has no family in Pakistan to carry that out. The appellant claimed her daughter, the Sponsors is in the UK, and that her son is in the USA but not in contact with the family. The appellant acknowledges she has help from neighbours but claims that is not adequate. It was her case she met the requirements for a grant of entry clearance as an adult dependent relative.
       Having considered the evidence with the required degree of anxious scrutiny the Judge sets out findings of fact from [16] of the decision under challenge. At [17] the Judge notes the principal issue in dispute between the parties was whether or not the appellant met the requirements of paragraph E-ECDR.2.4 and 2.5 of Appendix FM and/or whether the appeal ought to be allowed by reference to Article 8 ECHR outside the Immigration Rules.
       The Judge notes the relevant part of paragraph E-ECDR.2.4 reads " the applicant... must as a result of age, illness or disability requires a long-term personal care to perform everyday tasks" and that the relevant part of paragraph E-ECDR.2.5 reads " the applicant.... must be unable, even with the practical and financial help of the sponsor, to obtain the required level of care in the country where they are living because, a) it is not available and there is no person in that country who can reasonably provided, or b) it is not affordable."
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