This Mother's Day was a special one for the Garg family from Oxford. Shashi Garg's 83 year old mother Ratna may be joining the family in the UK permanently, as they won the judicial review against Home Office last week, saving the family from being torn apart The Indian-origin family celebrated it with a trip to London to meet daughter Neha, son-in-law Kunal and their 10 months old grandson Rishi.
Shashi's father Dr Pyare Lal Garg, an eye surgeon in India, passed away in June 2015. That left Shashi's mother alone in Muzaffarnagar in Uttar Pradesh, India, with a weak heart, partial disability and onset of dementia.
After a brief discussion with his wife Manvi, Shashi decided not to leave his mother alone in India any longer, but bring her to live with them in the UK, at least for a short period. She arrived in the UK on a tourist visa, that was meant to expire in 6 months. While in the UK, she suddenly suffered a heart attack and this made Shashi more confident about having his frail mother living with them permanently, especially under their personal and physical care.
Shashi spoke to Solicitor Usha Sood from the Trent Chambers, a renowned firm dealing with Human Rights cases. They made an application for Ratna's leave to remain, which was rejected by the Home Office, also denying them a right to in-country appeal.
It said, “You were receiving treatment in India for your medical conditions. Therefore treatment for medical conditions is available in India. Consideration has been given to the difference in the standard of medical facilities in India compared with that available here. Whereas it is accepted that the health care systems in the UK and in India are unlikely to be equivalent, this does nor entitle you to remain here...”
Speaking to Asian Voice, in an exclusive interview, Shashi said, “I live and work in Oxford. I have a Masters and PhD from this country. My children, my wife and I- all are British. All parents have the right to enjoy support from their children when they are retired and finding it difficult and lonely to cope with ageing issues. Not allowing our parents to come to UK is to take away their rights to live with their children in their old age.
“Though we had expected this rejection, it was heart breaking to think my helpless mother would have to go back to India and stay all by herself. Of course the care level in the UK and India are not the same. We are not comparing the systems. The issue is more on human grounds.
My mother is old, frail, lonely and unwell. More than medical assistance, she needs physical and personal care from her immediate family- and we are all settled here. So we went ahead with a Judicial Review in the Upper Tribunal, on the basis of Article 3 and 8 of the ECHR (European Court of Human Rights). And we demanded for an oral hearing, which was held on 20 March. I tried raising funds to cope with the high costs of litigation and I have spent so much money for this case from my own pocket and savings”
The review fortunately turned out to be in the family's favour. The Judge allowed the grounds in full, as she was convinced that the Home Office had not responded to the application fully and some of the main arguments in the initial application, went unanswered.
“The Judge has also made it clear that if refusal is maintained, the applicant must be given the right to in-country appeal and payment of reasonable costs, which we are keeping reserved for the time being. We just hope her leave to remain is granted,” said Shashi.
ADR Challenge in Court of Appeal
The new rules since 2012, demand that only those adult dependent relatives who need to be physically close to and cared for by a close relative in the UK are able to settle here. Since the government has been ruthless with cutting costs, this has severely affected families who are in genuine need of support and compassion from the government.
Last year an organisation called BritCits challenged the government's virtual prohibition on the entry of adult dependant relatives (introduced in 2012), but it was dismissed. BritCits was formed in 2012 as a direct response to the attack on British citizens and residents with non-EEA family members.
To their challenge, the Government said, “...The lawfulness of the new rules for adult dependent relatives was upheld by the High Court on judicial review on 20 April 2016 and, overall, we believe that the rules are having the right impact and are helping to restore public confidence in the immigration system.”
BritCits have issued an Appellant’s Notice, and the case is now pending a hearing before the Court of Appeal in May 2017.
A petition that has reached almost 26,266 signatures, as we went to press, stated that 'all parents have rights to seek support from their children when they are retired and suffering health and financial issues. Not allowing them to come to UK is to take away their rights to live with their children in their old age.'
Home Office responding to the petition reiterated- “As per the rules in the current scenario, the adult dependent relatives must demonstrate that, as a result of age, illness or disability, they require a level of long-term personal care that can only be provided in the UK by their sponsor here and without recourse to public funds. The new rules seek to ensure that only those adult dependent relatives who need to be physically close to and cared for by a close relative in the UK are able to settle here. Those who do not have such care needs can be supported financially in the country in which they live by their relative in the UK. The route now provides for those most in need of care, but not for those who would simply prefer to live in the UK.”
If the signatures reach or cross 100,000, the petition will have to be debated in the Parliament, before any subsequent law changes are proposed.
While the Garg family awaits Home Office's decision, things are looking up for them. This happy case may serve as a light of hope for those hundreds of people awaiting justice for their family life, in the Court of Appeal.
To sign the petition see: https://petition.parliament.uk/petitions/185283
For more information on the case see: https://www.crowdjustice.org/case/mothers-plea-to-stay-with-son/
