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This is the appeal of Foziya Moh'D T I Sambouri, a citizen of Jordan born 11 December 1942, against the decision of 26 September 2014 to refuse her application for leave to remain.
Mrs Haddara and her family could not relocate to Jordan or Libya, as the former was foreign to them and they would be unable to seek employment or make a life for themselves there, whereas the latter was a war zone, to which the FCO advised against travelling. Their established home in the United Kingdom and her husband's employment here were vital to secure the welfare of their British citizen children who were in school and nursey here.
The application was supported by material including a report by Mrs Sambouri's GP who set out that she suffered from diabetes which was poorly controlled, and was having blood tests for mild thrombocytopenia; she suffered from lower back pain due to disc degeneration and spinal stenosis, and had poor vision associated with her diabetes. It would be difficult for her to manage on her own given her complete dependency on her daughter for her care, transport and medication needs.
The application was refused because the Appellant had long lived in Libya, including for a period of many years since her husband's death, and thus could be expected to integrate there, or in Jordan. The fact that healthcare might not be as good in those countries as in the United Kingdom was not itself a decisive consideration and given that medical treatment would be available abroad this did not render the case exceptional, there being no breach of Articles 3 or 8 of the Human Rights Convention given the high threshold involved in a health case.
The First-tier Tribunal noted that it was agreed by the parties that the case could succeed only outside the Rules. It accepted that family life was established given the clear elements of dependency exceeding the norm between the Appellant and her daughter and son-in-law, and that it was of an intensity to engage Article 8 interests following removal to Jordan, the only country realistically in play given she was a citizen there and that her residence in Libya had expired.
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