Adult Dependent Relative was not allowed leave to remain - UT decided that there were no significant obstacles to integration in Pakistan


Upper Tribunal Decision

Muhammad Saleem Akhtar v. The SSHD – UT – Appeal Number: HU/18185/2019 – Decision and Reasons Promulgated on 01 July 2021

This is an appeal against a decision of the FTT refusing leave to remain on Human Rights grounds. The appellant was a 65 year old man from Pakistan who arrived in the UK on a visit visa with his wife in 2011. He claimed indefinite leave to remain in 2012 on the basis that ‘he was a parent of a person settled in the UK’. The application was refused, the appeal to FTT was also dismissed. Permission to appeal to UT was granted but the appeal was refused by UT and the appellant became ARE (appeal rights exhausted) in 2013. However, the decision to remove the appellant was declared unlawful by UT. In 2017 further representations were made as fresh claim and were refused with reference to para 353 of HC 395. In 2019 the appellant applied for leave to remain on the basis of his private and family life. The appellant’s wife of 45 years passed away in 2019. The appellant suffered from various illnesses. Permission to appeal to UT was granted. Para 276ADE (vi) was applied in considering Article 8 rights of the appellant. UT decided that there were no significant obstacles to integration in Pakistan. His immigration status was precarious in the UK since his visit visa expired. The difficulties the appellant would face in reintegrating in Pakistan would have been diminished if he had left earlier. The appellant had spent most of his life in Pakistan. His grown up daughters were settled there. His sons from UK could travel to Pakistan with the appellant and help him to settle in. The appellant was free to apply for an appropriate visa from Pakistan if he so wish. Appeal was dismissed.