Carer for elderly woman can stay in UK after court rejects Government removal appeal

A woman described by her elderly disabled mother as “her life” will be able to stay in the UK to care for her after leading judges rejected a legal challenge by the Government.

The woman, identified only as MS, is originally from Malaysia and is the sole carer for her British 87-year-old mother, who needs round-the-clock assistance.

A tribunal ruled in favour of granting MS permanent residence in the UK after concluding her mother’s life would be “seriously impaired” if her daughter was removed from the UK.

After a second tribunal upheld the decision, the Secretary of State for the Home Department brought a challenge at the Court of Appeal.

But the appeal was rejected in a ruling given by three senior judges on Tuesday.

Lord Justice Floyd said the woman’s mother, identified as DK, is a widow and a devout Sikh who relies on her daughter for assistance with “every part of her daily existence”.

He said MS took her case to the first tribunal after she was denied permanent UK residence by the Home Office in 2014.

The tribunal concluded there was a “significant gap” between the care MS delivered and that provided by social services, and that residential care was not an “adequate alternative”.

The case had to be reconsidered after the Government challenged that ruling at the Upper Tribunal.

During the hearing in 2016, MS told the tribunal judge her mother, with whom she has lived all of her life, could not be on her own and would have to leave the country with her if she was denied residence.

She said she had a “strong bond” with her mother, who was “emotionally dependent” on her as well as needing her to provide care.

DK told the judge her daughter was “her life” and said she “did everything” for her, including cooking and bathing.

Lord Justice Floyd added: “Touchingly, she said that she would go (from the UK) because she would worry for her daughter’s welfare.”

The Upper Tribunal judge concluded DK would be “compelled” to leave the UK if her daughter could not stay.

Dismissing the Government’s appeal and upholding the earlier rulings, Lord Justice Floyd concluded there had been no error of law.

Sitting with Lord Justice Underhill and Lord Justice Holroyde, he said: “In my judgment, the (Upper Tribunal) judge was conducting a perfectly proper, global objective assessment, taking account of the evidence of MS and DK and all the other surrounding circumstances.

“These included the fact that DK required assistance with every part of her daily existence … 24 hours a day.

“It was these considerations which had led the (first tribunal) to find that DK’s quality and standard of life would be ‘seriously impaired’.

“The (Upper Tribunal) judge, who also saw and heard these witnesses give evidence, applied the correct test in law and arrived at a conclusion which was open to him.”

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