IA001372021

For the Secretary of State: Mr Chris Avery, Senior Home Office Presenting Officer

For the Respondent/Claimant: Mr Rajiv Sharma, Counsel instructed by VM Law Solicitors

             This is an appeal by the Secretary of State from the decision of First-tier Tribunal Judge Apted, promulgated on 22 September 2021, by which he allowed the claimant's appeal on human rights grounds against the Secretary of State's refusal on 9 October 2020 to grant her leave to remain in the UK on private or family life grounds.

             The claimant is a national of India, whose date of birth is 7 February 1948. She last entered the UK on 10 May 2015 on a visitor visa valid until 30 September 2015. On 25 September 2015 she applied for leave to remain. The case which is addressed by the Secretary of State in the refusal decision is not the case that was presented in 2015, but the case which was subsequently presented on the claimant's behalf with a view to persuading the Secretary of State to reconsider her initial refusal.

             It was therefore considered that it had not been demonstrated that she was dependent upon her son and his family to meet her care needs. Even if it were accepted that there was a level of dependency, it had not been demonstrated that alternative means of care would not be available for her in India.