Applying for an Adult Dependent Relative Visa After an Unsuccessful Appeal


  • People seek help after their adult dependent relative (ADR) visa application is denied and appeals are dismissed.
  • Consult a legal professional for guidance on options before considering a fresh ADR application.

Consider Multi-Entry Visit Visa

  • A multi-entry visit visa might be an option, but it has different requirements compared to ADR.
  • Poorly prepared visit visa applications can lead to quick refusals from the Home Office.

Step 1: Understand Refusal Reasons

  • Common reasons for ADR refusals: not needing long-term care, being able to receive care in the home country.
  • Strong independent medical evidence is crucial to overcome these obstacles.

Step 2: Decide on Fresh Application

  • Don’t expect a different outcome with a new application if it’s substantially the same as the first one.
  • The principle of res judicata (already decided matters shouldn’t be re-litigated) doesn’t apply to immigration appeals.
  • Court guidelines from Devaseelan case help decide whether new applications should be considered.

Guidelines from Devaseelan Case

  • A new decision-maker should consider the previous judge’s determination as a starting point.
  • New evidence or facts can be considered, but if not materially different from the first decision, issues are settled.
  • Facts occurring after the first decision or those not relevant to the original decision can be considered.
  • Personal facts not presented earlier are treated with suspicion, but good reasons for not presenting them may be considered.
  • Evidence of non-personal facts (like country evidence) should be treated with caution.

Application of Guidelines to Fresh ADR Applications

  • Worsening situations or significant downturns in health or circumstances can lead to a new decision.
  • Pre-existing conditions not presented earlier need to be explained, and judges will consider reasons for not presenting them.
  • Lack of legal advice or representation might be a reason, but not a determinative one.
  • Presenting all relevant evidence before a judge in the first application is vital to avoid credibility issues.


  • Seek legal advice before applying for an ADR visa after an unsuccessful appeal.
  • Understand the guidelines from the Devaseelan case for making a fresh application.
  • Present all relevant evidence in the initial application to avoid credibility issues later.

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