Asylum seekers allowed to stay because of high blood pressure
An elderly Sri Lankan couple won the right to stay in the UK after claiming that treatment for high blood pressure in their home country was 'inadequate'.
The unnamed husband and wife, who are in their late 60s, came to Britain to visit their daughter and son-in-law in 2022.
But two months later they claimed asylum, and when this was denied by the Home Office they successfully appealed.
The husband told an immigration tribunal he was suffering from depression, severe anxiety, hypertension and diabetes and suggested he was 'unwilling' to access care in the South Asian nation.
An asylum judge agreed that sending them back would breach their human rights.
The Home Office challenged the ruling that they could stay because of poor quality medical treatment in Sri Lanka by arguing the first judge had not shown that the husband was 'seriously ill'.
But the Upper Tribunal of the Immigration and Asylum Chamber disagreed and ruled in favour of their claim.
The hearing was told that the couple, who were granted anonymity by the court, entered the UK in May 2022. In July that year the husband made a claim for asylum with his wife as a dependent, alleging a fear of persecution due to threats made by the family of another son-in-law.
They then brought further claims on protection and human rights grounds that were rejected by the Home Office in February last year.
The husband appealed the decision at a First-tier Tribunal, where he confirmed they were not challenging the protection or asylum decisions, just the human rights claim.
He made his argument under Articles 3 and 8 of the European Convention on Human Rights (ECHR), respectively covering inhumane or degrading treatment and the right to a family life.
The husband submitted that he would not be able to get adequate care in Sri Lanka for his depression, severe anxiety, high blood pressure and diabetes.
The couple also claimed there was a 'real risk' they could commit suicide if they were forced to return to their home country based on their mental state and 'subjective fear'.
Their appeal was granted by the First-tier Tribunal.
The Home Office chose to appeal the asylum tribunal's findings, arguing that 'inadequacy' of treatment is not the same as someone being unable to access it.
Deputy Upper Tribunal Judge Stuart Neilson found that there was no legal error by the First-tier tribunal.
The judge dismissed the Home Office's appeal, meaning the First-tier Tribunal's decision stands and the couple will be allowed to remain in the UK.
He said: 'Finally on the issue of the First-tier Tribunal referencing both the 'inadequacy' of the treatment and the 'willingness' of the respondent to undertake any treatment in Sri Lanka I do not consider that the use of this language in the determination represents an error of law.
'The inadequacy of the treatment may amount to absence of appropriate treatment and depending upon the circumstances both 'willingness' and the 'inadequacy' of the treatment may have some relevance to the issue of access.'
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