A judge has ruled that the Home Secretary needs to reconsider allowing an Indian man who cares for his mentally ill British wife the right to remain in the UK.
Lady Stacey ruled yesterday that Theresa May was wrong to deny Bakhshish Singh leave to remain in September 2014.
In a judgment issued at Edinburgh’s Court of Session, Lady Stacey wrote of how Mr Singh cares for his spouse who has serious health problems.
Mrs Singh, whose address wasn’t disclosed in the judgment, also suffers from Crohn’s Disease, a painful condition which affects the immune system, and gout.
The Home Secretary accepted that Mr Singh – who married his partner in July 2011 – was engaged in a “genuine” relationship with a British national.
But she ruled that there wasn’t any “insurmountable” reason for Mr Singh to remain in Britain – and that the pair could continue their relationship with him in India.
Lawyers acting for Mr Singh went to the Court of Session earlier this year. They argued that the decision not to allow Mr Singh to remain in Britain breached the couple’s human rights.The lawyers claimed that the Home Secretary did not consider Mrs Singh’s health and the impact it had on her life when making her decision.
In the judgment, Lady Stacey wrote: “I find that the respondent has not shown by the refusal letter that proper consideration has been given to the whole circumstances of this case either within the rules or outside of them.
“The medical reports are reasonably full and make bleak reading. They state that Mrs Singh will need to be referred to emergency services because she will need carers.
“There is no suggestion that there is any family or friend who could care for her if her husband was out of the UK for any length of time. She is said to be a suicide risk.
“I do not find in the letter any sign of the decision maker having identified the circumstances of the case and then having weighed up all of these circumstances.
“There is nothing more that needs to be said in this case as I find that the respondent has not given the information put before her sufficient consideration.
“It is necessary for her to look at this case again.”
The judgment tells of how Mr Singh came to the UK in 2006. He applied for leave to remain on 4 July, 2014. He met Mrs Singh in 2007, began living with her in 2009 and was married to her in July 2011.