ADR Appeal Hearing - Compassionate Grounds

[secret_a]

Hi,

First of all, thank you very much to everyone here that has been supporting the people in challenging situations.

My question is with regard to the compassionate grounds for an ADR appeal hearing. The current situation is:

- ADR visa refused as the ECO believes that the sponsoring son (UK citizen) can relocate back to support the elderly parent
- The sponsor however cannot leave UK as he has a job and a family (non-EEA spouse/dependent visa, British born child)
- ADR at country back home's health is dropping

Can you please advise what documents/evidences can be provided to demonstrate that there are compelling or compassionate grounds as by reading the forum posts it seems that having a family in the uk makes no difference. And, one can be expected to leave back if there is a real urgency.

I know it is very difficult to prove compelling grounds but if you can share any thoughts then it will be much appreciated.

Many thanks

[CR001]

When did you apply for the ADR?

What were the exact reasons for refusal, taking out personal information?

How old is the parent?

What are the health issues?

Where is 'home country'?

What are the compassionate grounds you want to argue??

You are right, having a family in the UK doesn't mean anything really. The UK doesn't permit change migration.

You do realise that with this refusal, any future visitor visa will also be refused.

There have been hardly any successes on this route since HO made the rules harder in 2012. A very small number (less than 5) appear to have won on appeal but from countries where healthcare is very expensive.

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immigration-for-family-members/older-de ... l#p1469682

[secret_qa]

Hi CROO,

- ADR was applied in January, 2017
- The parent age is about 70
- Health issues include dementia and the parent cannot do her daily tasks without the assistance. So, basically, they need 24/7 care
- Reason of refusal: ECO accepted that there is no one else in the family to provide the required support to elderly parent. However, since the sponsor had taken leave from work and moved to the country of origin to provide the support, the ECO believed that this can continue

- Compassionate grounds: The sponsor is now back to UK along with his spouse, both are medical practitioners and cannot go back as they have career here
o The appeal is on the basis that ECO is not right to say that the current support model can continue. Also, spouse is now expecting a baby and therefore it would not be possible for them to go back
- The challenge is that despite the evidences that there is no family member and nor an old care home in that area how can this be proved that that there are exceptional circumstances.
- Our argument is that at this time the support is through a family member who has confirmed that they cannot continue the support on long term basis. The elderly parent cannot even walk at their own

How can we convince the judge that there are compassionate circumstances – I mean what if they just want to turn a blind eye on the matter?
What evidences can we provide and how can we further elaborate the issue

Finally, is it worth having a barrister with us for hearing or judges do give equal importance in listening if someone likes to present their own case?

thank you