Case Refused, No right of appeal, Applicant in medical care.

therock · Post by **therock** » Sat Apr 06, 2013 11:05 pm

My friend's Tier 1 (Entrepreneur - PSW route - third party funds) application was refused because of not mentioning his name in bank letter and not providing marketing materials. Earlier before this application, he submitted an application for 200k route and that was refused, he went into appeal, but since 50k route was opened, he withdrew his appeal and made a fresh application for PSW-route which is refused.

Now, he doesn't have right of appeal because his application was posted while his Leave to remain was expired. Also, he is is under medical care because of failed kidneys and he is in the waiting list for a transplant surgery. I am 100% sure, the UK Border Agency can not force him to leave the UK as he can not leave the UK because of such medical condition.

What are your guys opinions for such case? Can he approach a good solicitor to make a case base on his medical condition or any way to bring back the appeal right or anything which will go in his favor?

I am waiting for expert advice of all good members, such as vinny, sushdmehta, Lucapooka and rehan01 etc.

Post by **Lucapooka** » Sat Apr 06, 2013 11:12 pm

therock wrote:I am 100% sure, the UK Border Agency can not force him to leave the UK as he can not leave the UK because of such medical condition.

Well you know more than me! If he stable enough to travel and can sit on a flight for the necessary period of time, he would be obliged to do so. His removal is not imminent but the NHS will not swap his kidneys for free if his death is not also imminent!

therock · Post by **therock** » Sat Apr 06, 2013 11:14 pm

@Lucapooka: Thanks for the quick response. Well, he can not travel until his transplant surgery is completed, even after his transplant surgery he has to be under medical care for recovery.

Post by **Lucapooka** » Sat Apr 06, 2013 11:15 pm

Are you his doctor? Unless you are, this thread is merely conjecture and hyperbole, and not really worth any more time.

therock · Post by **therock** » Sat Apr 06, 2013 11:22 pm

I am not his doctor. Every 48 hours, he has to go for Dialysis to a specific hospital, so how he can travel outside the UK?? And its not a fever or headache, he has got failed kidneys!

Post by **Lucapooka** » Sat Apr 06, 2013 11:28 pm

He needs a lawyer (as well as a doctor). Even if he can have a transplant he will not get leave to remain on the basis of that.

Mr Legal · Post by **Mr Legal** » Sun Apr 07, 2013 8:07 am

Lucapooka wrote:He needs a lawyer (as well as a doctor). Even if he can have a transplant he will not get leave to remain on the basis of that.

Agreed with Lucapooka as your friend had an application under different category.It was not an application for leave to remain on the basis of medical ground for some treatment or recovery period.However,apart from yourfriend's Ent T1 application or appeal,he can highlight his critical health condition for some discretionery leave to remain for the treamtnet period provided that if his medical history and doctor report supports his request.

rehan01 · Post by **rehan01** » Sun Apr 07, 2013 1:29 pm

So sorry to hear about your friend visa refusal and health issues .... May he get well soon and he need to seek legal advise to see what option he have

regards

therock wrote:My friend's Tier 1 (Entrepreneur - PSW route - third party funds) application was refused because of not mentioning his name in bank letter and not providing marketing materials. Earlier before this application, he submitted an application for 200k route and that was refused, he went into appeal, but since 50k route was opened, he withdrew his appeal and made a fresh application for PSW-route which is refused.

Now, he doesn't have right of appeal because his application was posted while his Leave to remain was expired. Also, he is is under medical care because of failed kidneys and he is in the waiting list for a transplant surgery. I am 100% sure, the UK Border Agency can not force him to leave the UK as he can not leave the UK because of such medical condition.

What are your guys opinions for such case? Can he approach a good solicitor to make a case base on his medical condition or any way to bring back the appeal right or anything which will go in his favor?

I am waiting for expert advice of all good members, such as vinny, sushdmehta, Lucapooka and rehan01 etc.

Post by **vinny** » Sun Apr 07, 2013 1:56 pm

See also GS and EO (Article 3 - health cases) India [2012] UKUT 397 (IAC) (24 October 2012).

rehan01 · Post by **rehan01** » Sun Apr 07, 2013 3:17 pm

Thanks Vinny, very usefull information

regards

vinny wrote:See also GS and EO (Article 3 - health cases) India [2012] UKUT 397 (IAC) (24 October 2012).

therock · Post by **therock** » Sun Apr 07, 2013 3:19 pm

@Vinny: What is the outcome of the above appeals, very complicated to read?

Sandeep1984 · Post by **Sandeep1984** » Sun Apr 07, 2013 4:25 pm

Hi

I think you need to find good solicitor as your friend can easily get FLR ( further leave to remain) on basis of medical condition.

therock wrote:My friend's Tier 1 (Entrepreneur - PSW route - third party funds) application was refused because of not mentioning his name in bank letter and not providing marketing materials. Earlier before this application, he submitted an application for 200k route and that was refused, he went into appeal, but since 50k route was opened, he withdrew his appeal and made a fresh application for PSW-route which is refused.

Now, he doesn't have right of appeal because his application was posted while his Leave to remain was expired. Also, he is is under medical care because of failed kidneys and he is in the waiting list for a transplant surgery. I am 100% sure, the UK Border Agency can not force him to leave the UK as he can not leave the UK because of such medical condition.

What are your guys opinions for such case? Can he approach a good solicitor to make a case base on his medical condition or any way to bring back the appeal right or anything which will go in his favor?

I am waiting for expert advice of all good members, such as vinny, sushdmehta, Lucapooka and rehan01 etc.

Post by **vinny** » Mon Apr 08, 2013 1:58 am

therock wrote:@Vinny: What is the outcome of the above appeals, very complicated to read?

It's grim.

GS and EO (Article 3 - health cases) India [2012] UKUT 397 (IAC) (24 October 2012) wrote:Decisions

GS
102. The First-tier Tribunal‘s decision to allow GS’s appeal under Art 3 of the ECHR involved the making of an error of law and we set it aside.
103. We remake the decision dismissing GS’s appeal.

EO
104. The First-tier Tribunal‘s decision to allow EO’s appeal under Art 3 of the ECHR involved the making of an error of law and it is set aside.
105. We re-make the decision dismissing EO’s appeal.

hasondea · Post by **hasondea** » Thu Apr 11, 2013 7:32 am

have a transplant he will not get leave to remain on the basis of that.

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Case Refused, No right of appeal, Applicant in medical care.

Case Refused, No right of appeal, Applicant in medical care.

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