Client Success: ADR Appeal Allowed for Elderly Mother in Syria

Case Overview: Adult Dependent Relative Visa for Elderly Syrian Mother

We recently acted in an appeal against the refusal of an Adult Dependent Relative (ADR) visa on behalf of our client, the elderly mother of several British and settled sons residing in the UK with their families. The case, led by Immigration Barrister Anna Bregstein, involved complex evidential and procedural challenges, and the appeal was ultimately allowed, enabling our client to reunite with her family in the UK after living in isolation in Damascus, Syria.

Background: Vulnerability and Separation in a War-Torn Country

Our client, an elderly woman in poor health, had been living alone in Damascus for several years. She suffered from a number of physical and mental health conditions, all of which were exacerbated by prolonged separation from her children and grandchildren. Her sons, all of whom are settled or naturalised in the UK, were deeply concerned for her safety and wellbeing. The unstable security situation in Syria added to their distress and further underscored the urgency of bringing her to the UK, where she could receive the family care and support she desperately required.

Key Challenges: Evidential Shortcomings in the Initial ADR Visa Application

The initial ADR visa application had been refused on the basis of insufficient and, in some cases, incorrect evidence. The documentation failed to:

• Adequately reflect our client’s physical and mental health conditions;
• Address the availability—or lack—of suitable care in Syria; and
• Provide sufficient financial documentation to demonstrate that her son in the UK could support her without recourse to public funds.

In light of these deficiencies, it was clear that the appeal had limited prospects of success without a significant overhaul of the supporting evidence.

Procedural Obstacles in a Time-Sensitive ADR Visa Appeal

In addition to the evidential shortcomings, procedural delays posed a real risk to our client’s welfare. A request for an adjournment was made to allow time to gather further medical and financial evidence. However, the rescheduled hearing in October 2024 was again postponed due to a court scheduling miscalculation. A new date was proposed for January 2025—by which time the Sponsor feared that his mother’s condition could have deteriorated significantly, or she may not survive long enough to benefit from a favourable decision.

Strategy and Approach: Proactive Case Management and Tribunal Engagement

From the outset, we advised that a fresh approach was needed. During the initial consultation, we recommended that our instructing solicitors obtain further evidence specifically relating to our client’s psychiatric condition—an issue that had previously been overlooked. We also provided detailed guidance on the financial documentation required from the UK-based Sponsor, a company director, to demonstrate his ability to support his mother in accordance with the Immigration Rules.

We remained closely involved throughout the appeal preparation, holding regular discussions with the instructing solicitors and liaising directly with the lay client on the day of the hearing to ensure that all necessary documents were available.

When the second adjournment was proposed, we emphasised to the court the urgent nature of the case. Given our client’s serious health conditions and the emotional toll the delays were having on the family, we pressed the tribunal to prioritise the appeal. Although a date in late January 2025 was initially suggested, we made clear that any earlier dates should be considered and provided direct contact details for Richmond  Chambers. Shortly thereafter, the court offered a November 2024 hearing date, which we immediately accepted.

Successful Outcome: ADR Refusal Overturned on Appeal

The appeal was allowed. The tribunal accepted that our client met the requirements of the Immigration Rules for an Adult Dependent Relative and found that the refusal of her visa amounted to a disproportionate interference with her right to respect for family life.

As a result, our client will now be able to leave the conflict-affected region where she had been living in isolation and pain and join her sons and grandchildren in the UK. Her family expressed profound gratitude and relief that they could finally provide their mother with the safety, care, and companionship she so urgently needed.

Key Insights for Adult Dependent Relative Applications and Appeals

This case highlights the critical importance of detailed and robust evidence in Adult Dependent Relative applications and appeals. In particular:

• Medical and psychiatric evidence must be comprehensive and clearly demonstrate the applicant’s need for long-term personal care;
• Country evidence on the availability (or lack) of adequate care in the applicant’s home country is essential; and
• Financial documentation must comply with the strict evidential requirements set out in the Immigration Rules.
  

ADR applications are frequently refused at the initial stage, but with careful preparation and persistence, it is possible to succeed on appeal. A well-prepared application can not only improve the likelihood of success at the outset, but can also significantly strengthen the appeal if a refusal is challenged.

Contact Our Immigration Barristers

At Richmond Chambers, we specialise in navigating complex UK immigration matters. This case illustrates the critical importance of careful case preparation, strong supporting evidence, and effective legal representation in securing a successful outcome.

For expert advice on an Adult Dependent Relative visa application or appeal, or any other personal or business immigration matter, contact our experienced immigration barristers on 0203 617 9173 or complete our enquiry form below.