Lailuma Bahadri, 63, was unable to walk or stand owing to back problems and required assistance washing and dressing.
She claimed asylum with her husband Mian Rahim Shah Bahadri, 64, but this was rejected by the Home Office and a judge who said her symptoms would “improve with time.”
The couple appealed the decision and claimed that under Taliban rule, a female stranger is “not allowed” to provide care facilities at somebody’s house when a man is living there to whom they are not related. For cultural reasons, Mrs Bahadri would “not accept” personal care from a male stranger, the court was told.
Now, their appeal has been successfully upheld after an upper tier tribunal judge found the “healthcare collapse and deepening humanitarian crisis in Afghanistan” means Mrs Bahadri would not receive suitable care in the country.
The case, disclosed in court papers, is the latest example exposed by The Telegraph where failed asylum seekers or convicted foreign criminals have attempted to halt their deportations, often by claiming breaches of their human rights.
There are a record 41,987 outstanding immigration appeals, largely on human rights grounds, which threaten to hamper Labour’s efforts to fast-track removal of illegal migrants.
The couple claimed asylum as adult dependent relatives of their son, a British citizen, but this was rejected by the Home Office in 2023. The couple appealed the decision, taking it to the first-tier tribunal, but this was dismissed.
Deterioration in care
Mr and Mrs Bahadri further appealed the claim, claiming the judge had given “inadequate consideration” to the evidence regarding the “deterioration in the availability of suitable care and treatment” in Afghanistan, after the Taliban took over in August 2021.
The appeal, which was heard by Upper Tribunal Judge Ruddick and Deputy Upper Tribunal Judge Murray, was told Mrs Bahadri suffered “longstanding” health issues including depression, type two diabetes, hypertension and lower back pain.
Her doctor told the panel Mrs Bahadri has mobility problems as a result of her lower back pain and she could not stand for long.
The mother was said to need help with “washing and dressing because of her back pain,” care which has been provided by her husband.
Mr Bahadri also has health conditions – including stable angina, hypertension, and type two diabetes – and had previously been advised not to lift heavy weights. The lower appeal judge ruled the couple would have access to medical care in Kabul and her husband was able to meet her needs.
However, lawyers representing the couple argued that due to the effects of the Taliban, Mrs Bahadri’s medication was not available which would cause a “further decline in her health.”
The couple said they were “helpless” and were also financially reliant on their sponsor, their son. The judge upheld their appeal and allowed them to remain in the UK.