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We were instructed by Mrs SD, to make an application for leave to remain in the UK. Mrs SD and her minor dependent child were in the UK as visitors. She had travelled to the UK with her husband and her minor dependent child to accompany her other three older children who were in the UK pursuing higher education.

 

Mrs SD had suffered from coughing six months prior to coming to the UK, but she had never felt ill. She treated her cough with oral steroids and cough syrup. However, after coming to the UK, her cough become more frequent, and she consulted a physician at a hospital in the UK.

 

The consultant diagnosed her with an incurable lung cancer where she would be required to undergo CT and MRI scans every 2-3 months for the foreseeable future. Her consultant also emphasised that the doctors in Mrs SD’s home country did not have the expertise to treat her condition appropriately.

 

Owing to her medical condition, we made strong submissions along with an application for further leave to remain in the UK under Article 3 of the European Convention of Human Rights (ECHR). Our representation was based on her medical grounds highlighting her compelling & compassionate circumstances, urging that removal of Mrs SD and her minor dependent child to her home country, will breach United Kingdom’s obligation under the ECHR. The matter progressed to appeal stage where her circumstances were advocated before a Tribunal Judge who upheld our representation, granted her appeal resulting in grant of limited leave to remain based on her Article 3 and Article 8 rights.