Our client is a Ukrainian national from the Russian-separatist occupied part of Eastern Ukraine. It was while he and his wife were visiting his daughter – a British national – in the UK, that violence at home increased, making them fear for their safety there. In addition to this, both husband and wife have serious health conditions and fighting had seen their treatment interrupted.
As it was unsafe for them to return to the Ukraine they claimed asylum here. When their claim was dismissed as unfounded and they were denied the right to appeal in the UK, JCWI lodged a Judicial Review. The JR was successful, the Upper Tribunal found our client’s asylum claim was not bound to fail and so they were allowed to appeal from within the UK. This meant that they could remain in safety whilst appealing the decision, throughout this time they were supported by their British daughter, her husband and our client’s grandchildren.
Following a successful appeal before the FtT, in May 2017 our client and his wife were granted refugee status – allowing them to live safely in the UK, with their British family and with access to essential healthcare. The striking feature of this case is that the evidence which persuaded the FtT that our client should be recognised as a refugee was the same as the evidence before the Home Office when the claim was dismissed as bound to fail.