The statistics on Page 11 & 12 of the Home Office report
make interesting reading.
In summary, of the 2782 applications made since July 2012, only 173 application succeeded at first, but a further 439 succeeded on appeal.In total, so far, 22% of applications have succeeded, mainly at appeal stage. So, the route is not as hopeless as it seems at first sight, provided you have deep pockets to pay for the appeal process.
Secondly, the Home Office looked at alternatives, such as requiring either bonds or private health insurance to ensure that the ADR is not a burden on the NHS. But it argued that both these options would make ADRs only for the wealthy, especially as private health insurance for the elderly could be very costly and there is no guarantee that it could be renewed.
To some extent, we on these forums have probably made the Home Office's job easier, by suggesting against applying for ADRs, based on earlier statistics which had suggested that only 34 applications had succeeded in a year. Now that we have a fuller set of statistics, each person can look at their own circumstances and reflect on whether it is worth spending money on an application that is still overwhelmingly rejected (78% even after taking into account appeal successes) or whether they are confident that their case would fall in the 22% success rate. Testing the law in the courts will help clarify it further, though of course it is entirely possible that the government rewrites it.
The Home office does invite "any further information and evidence about their (the current ADR rules) operation, impact and possible alternatives" to be sent to FamilyOpsPolicy@homeoffice.gsi.gov.uk
, but I can only imagine the nature of missives addressed there.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice. Being a Respected Guru does not mean I know more, it just means I can google better. Google knows it all.