A Hard-Fought Victory: Securing Justice for a Vulnerable Client

By Eylem Kara

Eylem Kara is a Paralegal in the Immigration Department. Full of promise and imbued with determination and passion for helping clients, she has an extremely bright future ahead of her. Studying at Regent’s University, Coventry University, BPP Law School and the University of Law, she also already has years of experience under her belt. She is a rising star in the industry, and extremely knowledgeable in immigration law.

At RVS Solicitors, we know that immigration cases are not just about paperwork and legal arguments—they are about real people, real families, and often, real hardship. When someone’s right to stay in the UK is denied despite overwhelming evidence of their need to remain, it takes perseverance, legal expertise, and compassion to fight for justice.

We recently had the privilege of assisting a European national in her battle to stay in the UK—a case that hinged on compelling and compassionate circumstances.

A Daughter’s Determination to Protect Her Mother

Our client, an elderly woman suffering from Alzheimer’s Disease and other serious medical conditions, initially came to the UK to visit her daughter—the only close family she had left. While she was staying with her daughter in the UK, it became clear that returning to her home country would leave her in an extremely vulnerable position. She was no longer capable of living on her own, had no support network there, and due to her illness had developed significant trust issues that prevented her from creating such a network, had no access to the level of care she needed, and given her medical state, removal would have posed a serious risk to her well-being.

Our team was approached by the client’s daughter, who was considering making an Adult Dependent Relative visa. Our team assessed the merits of such case and advised the clients daughter that in our opinion her mother’s critical illness and the care needs were significant enough to allow her to meet the main requirements for the ADR visa.However, there was one requirement that posed an issue, namely that an ADR visa application should be made from outside the UK. Our client’s daughter explained that it was not possible for her mother to go backand make the application from her home country, as she would not survive on her own and she had no one to takecare of her while the application was being decided. She also explained that due to work and family commitements, she would not be able to go with her mother to support her while waiting for a decision.

Faced with these challanged, our team decided that instead of Adultdependent relative visa, we would pursue a human rights application based on compelling and compassionate circumstances, arguing that forcing her to leave would violate her rights under Article 8 of the European Convention on Human Rights (the right to family and private life).

What is a Human Rights Application Based on Compelling and Compassionate Circumstances?

The UK immigration system provides very limited options for individuals in exceptional situations. However, in cases where returning to one’s home country would cause undue suffering—whether due to severe medical issues, lack of care, or the impossibility of living independently—an application can be made outside the usual immigration routes. These applications rely on human rights arguments, particularly the principle that the UK should not remove someone if doing so would be inhumane or unjust.

Such applications are complex, as the burden of proof is very high. The applicant must demonstrate that:

• Their medical or personal circumstances make returning to their home country impossible or dangerously detrimental to their well-being.
• There is no adequate support system available for them outside the UK.
• Their removal would breach their fundamental human rights, particularly their right to family and private life.

Successfully arguing such cases requries expert level knowledge of UK Immigration rules and Home Office practices. It also takes hard work and meticulous attention to detailtoput together a winning case based on Human Rights and compelling and compassionate circumstacnes.

Our team worked for several months to put a strong case together, with an evidential bundle that contained strong evidence in respect of each point we were arguing.

A Battle Against Unjust Refusal

Despite the clear evidence in our client’s favor—including medical reports confirming that she required ongoing care, which only her daughter could provide,as wellas evidence of the impossibility of that care to be substituted by external carers, or for her daughter to relocate to their home country—the Home Office refused her application. This refusal not only disregarded her fragile state but also placed an unbearable strain on her and her family, who feared being torn apart.

Refusing to accept this unjust outcome, we immediately lodged an appeal, reinforcing our arguments with updated medical and expert evidence. We were prepared to take the fight to an immigration tribunal.

Disapointingly, even though the Home Office had the opportunity to review their decision after they saw our appeal bundle and skelleton Arguments on which our position rested, they maintained the refusal decision. We had no choice then but to continue to a full hearing before a judge.

Then, just two working days before the scheduled hearing, the Home Office unexpectedly withdrew their refusal, conceding that our client had the right to remain in the UK. While this was a tremendous victory, the stress, legal costs, and emotional toll could have been avoided had our client’s application been assessed properly from the outset.

Holding the Home Office Accountable

Our team took the position that a last-minute reversal does not undo the damage caused by an unreasonable refusal. Determined to seek justice beyond just securing our client’s right to stay in the UK, we pursued a costs application against the Home Office, arguing that their failure to properly assess the evidence had forced our client into unnecessary legal proceedings,which involved significant costs. The Tribunal ruled in our favor, ordering the Home Office to cover our legal costs forhearing preparation—a small but meaningful acknowledgment of their mishandling of the case.

The Importance of Legal Expertise in Complex Immigration Cases

This case highlights the harsh realities of the UK immigration system, particularly for vulnerable individuals who do not fit into the rigid visa categories. The process can be unforgiving, and without experienced legal representation, many deserving applicants face unjust refusals with no clear path forward.

At RVS Solicitors, we specialize in fighting for those caught in the complexities of the immigration system. If you or a loved one are facing a similar situation, our dedicated team is here to help. Get in touch with us today to discuss how we can assist in securing the outcome you deserve.