Neil Sheldon was instructed by the Government Legal Department in an appeal against the Administrative Court’s decision to dismiss their application for judicial review seeking to overcome new immigration rules introduced in 2012. In particular, those concerning the entry of an adult dependent relative to the UK, persons settled in the UK and those in the UK pursuant to refugee leave or humanitarian protection.

In 2012, new Immigration Rules were brought in which stated that entry to the UK of adult dependent relatives were not ultra vires, unreasonable or contrary to the ECHR Article 8. The new Rules provided that indefinite leave to enter would only be granted to an adult dependant relative if they could not obtain the required level of care in the country where they were living because it was not available or affordable.

This principle was upheld by the Court of Appeal and the appellant was dismissed.

Read more about R. (on the application of Britcits) v Secretary of State for the Home Department [2017] EWCA Civ 368 here.