Jen's Disability/Deportation Case
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PLEASE READ OUR MOST RECENT UPDATE (CLICK ON 'UPDATES' TAB) FOR THE CURRENT STATE OF MY CASE.
Disability discrimination:
In January 2016, Jennifer was refused Indefinite Leave to Remain (ILR) in the UK through no fault of her own. And at her appeal hearing in March 2017, the judge ruled that the Home Office was indeed wrong in refusing her application, recommending she be given ILR immediately.
Depsite this, and after holding her passport an additional 7 months following the judge's ruling (from April-October 2017), the Home Office STILL did not grant Jennifer ILR. Instead, they only gave her a 30 month 'extension'. This will now require yet another appeal hearing OR another ILR appication: both of which will cost a further £4000+ in legal/application fees on top of what she's already spent for the orignal application (£2000), the legal fees for her first appeal hearing (£5000+), and most recently the 'Immigration Health Surgcharge' (£500).
These refusals are discriminatory and contradict the court's ruling. Moreover, they're a waste of tax payer resources & have imposed extortionate, life altering fees on Jennifer & her family.
She is fighting for her life: not only the personal & professional life she's worked so hard to build in the UK over the last 13 years, but for survival: as being deported will deny her the life-sustaining medical treatment she's receiving here. Indeed, with the state of the health care system in the U.S., forcing her to return there would be tantamount to a death sentence.
Every day, Jennifer copes with a rare, genetic immune deficiency called 'Hypogammaglobulinemia'. This disability is incurable & presents excruciatingly painful symptoms that can be life threatening if not properly treated. During flare-ups, she's often unable to walk, undertake basic domestic tasks, or leave her house. Despite such hardships she's happily lived, worked, and studied in the UK on her own for 13 years: building a fulfilling life, beginning her PhD, and pursuing her dedication to helping others through her work in Human Rights.
However, unexpected & debilitating flare-ups of her disability during holiday visits home resulted in 4 unplanned, prolonged absences from the UK. Those 4 absences were medically out of her control & resulted in pushing her a mere 67 days over the 540 day limit for time outside the U.K. within her 10 year qualifying period. Every one of those absences was spent in the U.S. being cared for full-time by doctors & family in Philadelphia.
These 67 days were the only reason given for refusing her otherwise flawless application - which were amply documented by medical records from doctors, hospitals, & family/carer statements. Additionally, Jennifer demonstrated in her application that there's been little dependence on the NHS during flare-ups in the UK, as she has an affordable private health insurance policy covering nearly all her medical needs.
UKVI's decision discriminated against Jennifer by refusing to make reasonable accommodations for her disability: which they're instructed to do by their own regulations in 'compelling and compassionate circumstances' (and obligated to do according the 1998 Human Rights Act, the 2010 Equality Act & the UN Convention on the Rights of Persons with Disabilities).
Life-threatening disruption of medical treatment &
Right to private life violated:
Deportation will destroy Jennifer’s longstanding medical support system - including a team of Specialists, her health insurance policy & local amenities (such as her chemist, which delivers medications when she's unable to leave the house).
Furthermore, in July 2016 Jennifer began life-sustaining treatment: immunoglobulin replacement therapy. This treatement is life-long, and will not be financially feasible for her to maintain if she were forced to permanently return to America.
Also, as a disabled person, it will be impossible to rebuild elsewhere the career/social networks she established over 13+ years here. It's crucial for her personal & professional life to thrive, that she remain in her beloved Southeast London community & settle in the UK indefinitely.
Financial hardship:
The rejected ILR application cost Jennifer & her family nearly £2000, and they have sinced been faced with even more crippling legal costs. She was forced to wait 15 months for her appeal hearing - during which time she was restricted to the student visa regulations she was under at the time of her application in January 2016: limiting her to only 20 hours of work per week for 2 years. This is not enough to pay for living expenses (which are higher than average due to her disability), let alone all the legal & ILR fees - which again totalled over £7500 for the first stage this process alone.
Furthermore, Jennifer has not been permitted to leave the UK at all during this 2 year appeal process - not even for family emergencies. If she did, her case would be considered “abandoned” & she wouldn't be allowed back. Her life is literally being held hostage: treated as though she's a criminal - when her only ‘violation’ is being disabled.
It's for these reasons she's seeking support with costs. Without help, she'll be deprived of medical treatment: putting her life at risk. Not to mention the significant damage to her health which would result from the emotional & physical trauma of deportation.
The disabled are currently facing attacks at unprecedented levels in the UK. Jennifer is incredibly sad to witness such developments in a country she loves so much. Her solicitors (Elder-Rahimi) are experts in immigration & human rights, and it's our hope that her case could help others in future. Please support this cause. The smallest of donations will be a huge help - and if you're unable to donate because of your own finanical hardships, sharing this page as widely as possible is also a great way to support. You never know who it may reach!
Disability discrimination:
In January 2016, Jennifer was refused Indefinite Leave to Remain (ILR) in the UK through no fault of her own. And at her appeal hearing in March 2017, the judge ruled that the Home Office was indeed wrong in refusing her application, recommending she be given ILR immediately.
Depsite this, and after holding her passport an additional 7 months following the judge's ruling (from April-October 2017), the Home Office STILL did not grant Jennifer ILR. Instead, they only gave her a 30 month 'extension'. This will now require yet another appeal hearing OR another ILR appication: both of which will cost a further £4000+ in legal/application fees on top of what she's already spent for the orignal application (£2000), the legal fees for her first appeal hearing (£5000+), and most recently the 'Immigration Health Surgcharge' (£500).
These refusals are discriminatory and contradict the court's ruling. Moreover, they're a waste of tax payer resources & have imposed extortionate, life altering fees on Jennifer & her family.
She is fighting for her life: not only the personal & professional life she's worked so hard to build in the UK over the last 13 years, but for survival: as being deported will deny her the life-sustaining medical treatment she's receiving here. Indeed, with the state of the health care system in the U.S., forcing her to return there would be tantamount to a death sentence.
Every day, Jennifer copes with a rare, genetic immune deficiency called 'Hypogammaglobulinemia'. This disability is incurable & presents excruciatingly painful symptoms that can be life threatening if not properly treated. During flare-ups, she's often unable to walk, undertake basic domestic tasks, or leave her house. Despite such hardships she's happily lived, worked, and studied in the UK on her own for 13 years: building a fulfilling life, beginning her PhD, and pursuing her dedication to helping others through her work in Human Rights.
However, unexpected & debilitating flare-ups of her disability during holiday visits home resulted in 4 unplanned, prolonged absences from the UK. Those 4 absences were medically out of her control & resulted in pushing her a mere 67 days over the 540 day limit for time outside the U.K. within her 10 year qualifying period. Every one of those absences was spent in the U.S. being cared for full-time by doctors & family in Philadelphia.
These 67 days were the only reason given for refusing her otherwise flawless application - which were amply documented by medical records from doctors, hospitals, & family/carer statements. Additionally, Jennifer demonstrated in her application that there's been little dependence on the NHS during flare-ups in the UK, as she has an affordable private health insurance policy covering nearly all her medical needs.
UKVI's decision discriminated against Jennifer by refusing to make reasonable accommodations for her disability: which they're instructed to do by their own regulations in 'compelling and compassionate circumstances' (and obligated to do according the 1998 Human Rights Act, the 2010 Equality Act & the UN Convention on the Rights of Persons with Disabilities).
Life-threatening disruption of medical treatment &
Right to private life violated:
Deportation will destroy Jennifer’s longstanding medical support system - including a team of Specialists, her health insurance policy & local amenities (such as her chemist, which delivers medications when she's unable to leave the house).
Furthermore, in July 2016 Jennifer began life-sustaining treatment: immunoglobulin replacement therapy. This treatement is life-long, and will not be financially feasible for her to maintain if she were forced to permanently return to America.
Also, as a disabled person, it will be impossible to rebuild elsewhere the career/social networks she established over 13+ years here. It's crucial for her personal & professional life to thrive, that she remain in her beloved Southeast London community & settle in the UK indefinitely.
Financial hardship:
The rejected ILR application cost Jennifer & her family nearly £2000, and they have sinced been faced with even more crippling legal costs. She was forced to wait 15 months for her appeal hearing - during which time she was restricted to the student visa regulations she was under at the time of her application in January 2016: limiting her to only 20 hours of work per week for 2 years. This is not enough to pay for living expenses (which are higher than average due to her disability), let alone all the legal & ILR fees - which again totalled over £7500 for the first stage this process alone.
Furthermore, Jennifer has not been permitted to leave the UK at all during this 2 year appeal process - not even for family emergencies. If she did, her case would be considered “abandoned” & she wouldn't be allowed back. Her life is literally being held hostage: treated as though she's a criminal - when her only ‘violation’ is being disabled.
It's for these reasons she's seeking support with costs. Without help, she'll be deprived of medical treatment: putting her life at risk. Not to mention the significant damage to her health which would result from the emotional & physical trauma of deportation.
The disabled are currently facing attacks at unprecedented levels in the UK. Jennifer is incredibly sad to witness such developments in a country she loves so much. Her solicitors (Elder-Rahimi) are experts in immigration & human rights, and it's our hope that her case could help others in future. Please support this cause. The smallest of donations will be a huge help - and if you're unable to donate because of your own finanical hardships, sharing this page as widely as possible is also a great way to support. You never know who it may reach!
Organizer
Jennifer Huseman
Organizer
