The Home Office have reviewed the case and decided to allow Lata and Devesha to remain in the UK indefinitely.

Lata and Devesha Shah’s appeal was heard at Aldine House, Manchester on 1 February. Some 70 plus people turned up at the hearing to support them in their attempt to remain in the UK and help care for Lata’s niece Arati. On the 26 February the appeal adjudicator indicated that she would recommend to the Home Secretary that there were compelling reasons for Lata and Devesha to remain in the UK.

However on 23 March, Lata and Devesha received a letter from a Home Office official refusing to accept the adjudicator’s recommendation. The letter stated: “The recommendation made in the determination dated 26 February has been carefully considered but the Secretary of State is not satisfied that it contains additional clear, exceptional, compassionate circumstances which have not previously been considered and which would merit the exercise of discretion outside the Immigration Rules.”

It is normal practice for a Home Office official to attend immigration appeal hearings, but no one from the Home Office was present at Lata and Devesha’s hearing. If they had bothered to turn up they would have discovered there has been massive changes in this family since Lata and Devesha applied to stay in the UK. For the first time in 22 years Arati’s father and mother have been able to take a holiday independently of Arati. Arati’s well being, and whole demeanour, has improved considerably. With Lata and Devesha’s support Arati is discovering a life that any young woman her age would wish for. Arati has a very close friendship with Devesha her cousin, who has opened her eyes to the world of make up and clothes. The stress of constantly caring and supporting Arati has now been spread across several people. Arati has never been a burden to this family. Ajay and Mina have constantly, uncomplainingly, and lovingly, cared for their daughter. That is not to say that caring for her is not a massive strain. To send Lata and Devesha back to India would have a devastating impact on Arati’s well being. It would also mean Ajay and Mina would continue to be the primary, and only carers for Arati.

As the Adjudicator pointed out in her determination: “Arati is 23 years old and is severely disabled. An injury during birth resulted in microcephaly and cerebral palsy. This has also left her with a severe learning disability with cognitive impairment, no speech, poor motor skills and tunnel vision. She has limited ability to move her oral muscular with swallowing difficulties and loses saliva from the front of her mouth. She needs to be hand fed. She is incontinent at night and gets up around 5-6 times. She needs intimate nursing care It is clear Arati has formed a close and loving bond with the appellant and her daughter The family life has been all the more intense on account of the particular circumstances in which Arati and the appellant find themselves if the appellant should have to leave the country, Arati would be the main loser. For the reasons given above, I therefore recommend that the appellant and her daughter should be given indefinite leave to remain outside the immigration rules ”

Obviously the adjudicator, like everyone else involved, has been touched by this family’s circumstances.

It was a devastating blow to receive the refusal from the Home Office. However after further representations from the family’s MP, Ivan Lewis, Jeff Rooker responded: “I have now reviewed the adjudicator’s recommendation again in the light of all the circumstances of the case and having regard to your own representations and those of the considerable numbers who have either signed petitions or written in support of the family ... I have accordingly decided to accept the adjudicator’s recommendation and exceptionally allow Mrs Shah and her daughter to remain in the UK.”