Our client, a Ukrainian grandfather, came to the UK with his wife to visit their daughter, who is a British national. They found themselves unable to return home to eastern Ukraine, a separatist region occupied by Russia. Already unstable, the situation in their homeland flared up violently while they were here, and they feared that returning would mean putting themselves directly in the line of danger. Not only would they be at risk from the fighting, but the war in Ukraine also meant that they could no longer get the medication they needed for their long-term health problems.

They claimed asylum in the UK, but their claim was dismissed as unfounded, and they were denied the right to appeal from within the country. JCWI launched a Judicial Review and the Upper Tribunal overturned the initial decision, allowing the appeal to be brought in Britain. The couple could remain in safety in the UK, supported by their family, and launch their appeal, which was ultimately successful. The two were granted refugee status in May 2017.

Our lawyers noted that the evidence which persuaded the First Tier Tribunal that our client should be recognised as a refugee was the same as what had previously been presented to the Home Office, on the basis of which they argued that the claim was bound to fail.