RC & Anor v The Secretary of State for the Home Department

Facts

The appellants, an elderly married couple who are nationals of Bangladesh, entered the United Kingdom on 22 March 2023 as visitors to stay with their only daughter, who has lived here for many years with her husband and four children. Shortly after arrival, the first appellant was admitted to hospital with a serious kidney infection. The appellants said that this illness, together with conditions she already had, including dementia, the effects of a stroke, balance difficulties, hearing loss and osteoarthritis, meant she now needed full-time care, which their daughter provided. The second appellant also had health problems, including the after-effects of a stroke, chronic kidney disease and limited mobility. The appellants sought to regularise their stay, first through a fee waiver application in June 2023 and then through an application for leave to remain in November 2023. The Secretary of State refused the human rights claims by a decision of 6 December 2024. On appeal, the appellants relied on Article 3 ECHR on medical grounds, on very significant obstacles to their integration in Bangladesh, and on family and private life under Article 8 ECHR. They said they had no support network there and that relatives had taken over their home. The appellants did not give evidence. Their daughter gave evidence as the sponsor, and the appellants also relied on a psychologist's report by Dr Pates and a social worker's report.