- 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.