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ADR refusal overturned before tribunal

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nopal
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Posts: 33
Joined: Wed Feb 23, 2022 11:18 am
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United Kingdom

ADR refusal overturned before tribunal

Post by nopal » Fri Jul 21, 2023 11:44 pm

Hi everyone, I applied for my mum (who suffers from schizophrenia) for an ADR visa back in September 2022.
I have posted questions about this back in February 2022 before finally submitting end of August 2022.

Application was rejected in December 2022 (short processing time given a child's interest; my son, was taken into consideration).

The refusal letter was disappointing to say the least, it felt insulting even, not only because the grounds for refusal were already addressed in the application that I spent about 4-5 months preparing, but because it also had silly factual errors like citing the wrong year I entered the UK and wrong doctor name for example.

All the reasons were refutable and already addressed. thanks to this forum and some great posts by the admins, I covered every single aspect. I had a great lawyer, who eventually refunded me some £500 because of how well prepared I was with my letters.
I got letters from every single care home in the country stating they can't care for her (in her particular case), letters from current and previous doctors, dated historical doctor notes and records, letters from family and friends, pharmacist, neighbours, cleaning lady.. literally left no stone unturned.

Appeal process was started immediately, but because of rediculous back logs, we were asked to submit our bundle for stage 1 of the appeal process (internal audit of sorts, where Home Office review the decision and your appeal letter/bundle and either tell you yup we were wrong and over turn it, or they stick by their decision and go to a tribunal and appear in front of a judge). We were asked to submit our bundle in early May. And today, I got the news that they overturned their decision and will grant her ADR visa.

Mixed emotions, as unfortunately mum had a falling over couple of months ago and a series of complications lead to her being in ICU for the past month. I don't know if she'll ever leave it, or if she'll ever be able to fly. On the one hand, I know now all the effort and money put into this didn't go to waste, and on the other, well... 7 months too late. And who knows if we'll ever use it.

I just wanted to share the news because having gone through this impossibly hard visa application, I can imagine the hope and anxiousness someone else would feel. Every other post here emphasizes how hard it is to get it. To me, I'm convinced there is some sort of systematic rediculous decision for refusal based on any nonesense ground, and it's a waiting and financial game. If you know you have a strong case, best of luck, but proving care can't be provided in home country and that you're the only person on planet Earth who can care for that person is a task and a half.

Thanks again for all and for the admins in this forum. Couldn't have done it without you.

this is a link to the most useful threads I referenced and got back to over a million times maybe. (Make sure to click the links in there linking to government's guidance for COs etc).

Thanks and good luck to all.

AmazonianX
Respected Guru
Posts: 8123
Joined: Tue Jun 11, 2019 2:09 pm
United Kingdom

Re: ADR refusal overturned before tribunal

Post by AmazonianX » Sat Jul 22, 2023 2:10 pm

Congratulations and hoping the visa get put to use. The feedback is appreciated; factual and no sugar coating. And a glimmer of hope for people who will go the route.

nopal
Newbie
Posts: 33
Joined: Wed Feb 23, 2022 11:18 am
Mood:
United Kingdom

Re: ADR refusal overturned before tribunal

Post by nopal » Wed Nov 15, 2023 9:39 am

AmazonianX wrote:
Sat Jul 22, 2023 2:10 pm
Congratulations and hoping the visa get put to use. The feedback is appreciated; factual and no sugar coating. And a glimmer of hope for people who will go the route.
thank you. she passed away about a month after writing this post but.. what are you gonna do. :) good luck to all.

AmazonianX
Respected Guru
Posts: 8123
Joined: Tue Jun 11, 2019 2:09 pm
United Kingdom

Re: ADR refusal overturned before tribunal

Post by AmazonianX » Wed Nov 15, 2023 2:20 pm

nopal wrote:
Wed Nov 15, 2023 9:39 am
AmazonianX wrote:
Sat Jul 22, 2023 2:10 pm
Congratulations and hoping the visa get put to use. The feedback is appreciated; factual and no sugar coating. And a glimmer of hope for people who will go the route.
thank you. she passed away about a month after writing this post but.. what are you gonna do. :) good luck to all.
Take solace in the fact that you did your best and fought for her till the very end. What more can we say.

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