I shall try to condense a case that has been running since September 2009. I am an only child, came with my parents from Mauritius in November 2004 as a visitor, now I am 23, in my final year of university with 'leave' that I am between 18-25 and spent half of my life here. Our original case is built around the relationships we've established in the UK.
Our immigration history:
- September 2009 - Application for Leave to Remain under Human Rights (family life in the UK). This was refused in March 2010.
- March 2013 - Application for Leave to Remain under Human Rights (family life in the UK). This was refused in May 2013. This is what the Home Office is saying. But we sent a new application in 2010 itself, they sat on the case so that I turn 18. The court 2015, found it weird that the application was undated but based its origin from March 2013 as the covering letter from the solicitor was at that date. The solicitor sent a letter chasing for a decision!!
- November 2013 - Application reconsidered.
- January 2014 - Served with IS151A, and decision for refusal previously maintained.
- Feb 2014 - Lodged an appeal, was heard at court in September 2014, where our appeal was allowed under Human Rights.
- May 2015 - Home Office appealed and we were referred back to the FTT, which our appeal was allowed again.
- July 2015 - Letter received from caseworker to implement leave for me and my parents (However, they just held our passport).
- May 2017 - Time lapse because of adjournment due to wrong interpreter for my parents. We lost our appeal this time at the FTT (6 months for answer).
- Feb 2018 - Application to UTT was refused and our appeal rights exhausted.
- May 2018 - Fresh application for further LTR under 10 years rules (new evidence).
- December 2018 - Rejected.
As you can see we've been through quite a bit. The new application is based on my dad's sister who is a British resident, she has cancer. My dad already donated stem cells and may need to give more due to relapse. He is a 100% match donor.
This new case was also focused on their relationship which they broke when she came to the UK at 2 years old, now in her 50s. Her husband unfortunately passed away with cancer and she has a son that is 20 years old. The case points my dad as a supporting figure to her sister as well as her son (who is going through a lot).
I was also briefly mentioned in the case because I am an only child despite my age. My parents, if they go back will face poverty and my dad's brother will not accept him in his house, rendering them homeless. P.s. my parents are not fluent English speakers.
Please if you can give me some pointers regarding your thoughts.