UI2024000363 & Ors

Pursuant to rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008, NB, PA, AN, UF, and ANN are granted anonymity.

No-one shall publish or reveal any information, including the name or address of NB, PA, AN, UF, and ANN, likely to lead members of the public to identify them. Failure to comply with this order could amount to a contempt of court .

      For the sake of continuity I shall refer to the parties as they were before the First-tier Tribunal. Therefore, the Secretary of State is once again "the respondent" and NB, PA, AN, UF, and ANN are collectively "the appellants" (when referred to individually I shall describe them by their place in the list; i.e. NB is "the first appellant" and so on).

      The respondent appeals with permission against the decision of First-tier Tribunal Judge Khan ("the judge"), promulgated on 26 July 2023 following a hearing on 4 July of that year. By that decision, the judge allowed the appellants' appeals against the respondent's refusal of their human rights claims. Those claims were made on 1 November 2022 and the refusal decisions on 24 August 2022.

      In refusing the claims, the respondent asserted that there would be appropriate treatment for the fifth appellant's medical condition, whether through public or private healthcare facilities. It was concluded that the appellants had failed to meet the high threshold for Article 3 medical claims. Article 8 was also considered, with it being concluded that the children could adapt to life in India and that the for the appellant could obtain appropriate medical treatment.