This eBook was updated in March 2019.
Private and family life cases are amongst the most complex that confront the immigration practitioner, and family life with adult dependant relatives under Appendix FM of the Immigration rules counts among the category of cases which are ‘deemed’ to be human rights claims. This e-book forms part of a series on related areas, the other editions of which are:
- Family- and private life claims for families with children
- Representing partners (without children)
- Victims of domestic violence and bereaved partners
- Private life
- Human rights claims and remedies
- Private Life claims case law resource
This Appendix FM category, ‘Adult dependent relative’ (ADR), replaced the Part 8 (Rule 317) provisions for ‘Other family members’ for applications made on or after 9 July 2012. Compared to the old Part 8 category, ADR applies only to a very narrow set of circumstances.
The ADR rules were held to be lawful in the Court of Appeal in Britcits  EWCA Civ 368, however, the current ADR guidance, dated 10 August 2017, has incorporated
- some of the guidance arising from that case (allowing a more individualised assessment of care needs and reasonableness of provision)
- the changes made to Appendix FM on 10 August 2017 following the case of MM, allowing consideration of applications where any of the requirements are not met, by reference to ‘exceptional circumstances’ as set out in GEN.3.2.
This may open up the route, at least slightly.