Neil Sheldon represented the defendant in Cheryl Ribelli v Entry Clearance Officer, Pretoria [2018] EWCA Civ 611. This appeal was made against the Upper Tribunal’s decision not to grant admission to the UK of an adult dependent relative.
A South African national had applied to join her daughter in the UK as an adult dependent relative. Her application was refused by the entry clearance officer on the grounds that she was able to receive the necessary care and support in South Africa and thus, didn’t meet the requirements of the new Immigration Rules.
Significantly, this is the first occasion in which the Court of Appeal has applied the principles, established in R. (on the application of Britcits) v Secretary of State for the Home Department [2017] EWCA Civ 368 ,to an actual case. In the previous case, in which Neil Sheldon also acted, sets out that admission to the UK 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.
Read more about the case on Lawtel here.
