An immigration judge has ruled that an 87-year-old man from Syria can live in Britain as he’s “desperately lonely”. Jabra Yazbek has been granted the right to live in the UK as his essential care needs were not being met in his home country, and he can benefit from healthcare in Britain, the tribunal found. Mr Yazbek’s son, who is a British citizen, has not been able to visit his father in the Middle East due to “war and safety risks”.
Institutional care for the elderly is reportedly not a “cultural practice” in Syria, the tribunal heard; therefore, Mr Yazbek’s son has been arranging support from the UK. Despite the Home Office arguing against the decision to admit the 87-year-old on the basis that care was available in his home country, an upper tribunal judge said his essential needs could not be met in Syria. The Upper Tribunal Immigration and Asylum Chamber heard that Mr Yazbek would “suffer profound loneliness and isolation” if he did not join his adult son in the UK.
The elderly man applied to come to the UK in September 2022, the tribunal heard, but was refused in March 2024.
He appealed against the decision and a judge allowed it on the grounds of human rights. The first-tier tribunal judge said the appeal raised “exceptional matters” which would result in “unjustifiably harsh consequences” if he did not move to the UK.
The government appealed against the ruling, and argued that immigration rules were not met as “affordable” care was available in Syria.
However, it was heard that Mr Yazbek has “no family whatsoever left in Syria” after his wife died in 2019 and his children moved abroad.
Mr Yazbek reportedly needs assistance with essential everyday needs such as cooking, showering and remembering to take his medication.
The judgment said: “As a result [Mr Yazbek] is not able to live with dignity or security, and his life is put at risk by his doing things such as eating mouldy food and forgetting to take his blood pressure and blood thinning medication.”
Judge Fiona Lindsley ruled that Mr Yazbek should be granted entry to the UK. She said: “[Mr Yazbek] cannot have his essential care needs adequately met in Syria and thus is vulnerable to not feeding himself adequately, giving himself food poisoning, being unwashed and not taking medication which could lead to his early death through complications of high blood pressure and blood clotting.
“[Mr Yazbek] would also suffer profound loneliness and isolation due to his fears, which both reflect his clinical anxiety and the country situation of violent attacks against, and insecurity within, the Alawite community amongst whom he lives, and this in turn would have a profoundly saddening effect on the sponsor and his family in the UK in light of his family life relationship with [Mr Yazbek] and community expectations that he care for the claimant in old age as his son.
“In this balancing exercise I find that [Mr Yazbek] would be financially provided for and can speak basic English so these are neutral matters.
“On consideration of the evidence as a whole I find, even in this scenario, that it would be a disproportionate interference with [his son’s] right to respect for family life to deny [Mr Yazbek] entry clearance. “
