Shropshire Star

Fresh blow for couple in visa battle over Shropshire return

A couple who thought they could finally return home to look after their sick relatives have been dealt a fresh blow.

Published
Left: Raymond and Beryl Pountney, from Broseley. Right: David and Cindy Pountney.

Broseley-born David Pountney and his wife, Cindy, have been trying to return from America to Broseley due to the failing health of David's parents.

David and Cindy want to return to look after Beryl, 77, and Raymond, 79 but Mrs Pountney had been turned down for a visa by the UK Border Agency because she did not have an income in the UK and the agency no longer accepted a third party contribution.

The couple thought they might have to wait another year while the Government looked into the decision, but were told earlier this month that a judge had ruled Cindy had received enough support "back home" to warrant their return.

And they believed the matter had come to an end when the Home Office failed to register an appeal after the maximum five-day period.

However, that has been put down to a delay in postage and Mrs Pountney, who fears the appeal could have potentially fatal results on her in-laws, said they could now have to wait two more years before a decision is made.

She said: "We rang the first tier tribunal and asked if the Home Office had appealed Justice Ian Burnett's decision to support our case. They responded that no application for an appeal had been filed. The decision letter stated the Home Office had right of appeal and an application had to be submitted within five days.

"The judge's decision was posted to the Home Office on March 25, and being generous with any postage delays, we checked on April 3 to see if any appeal had been launched. The court stated no application had been made, which was why we announced there was not going to be an appeal.

"But on April 10 we received a letter from the court informing us they had indeed received an application to appeal from the Secretary of State on April 4. This would indicate a wait of approximately two years before a final decision is made." Nobody from the Home Office was available to comment on the appeal decision.

Mrs Pountney said the judge's decision was based on article eight of the Human Rights Act.

"The high court has previously determined the judge must use his own judgement in determining that the application of the rules would be a disproportionate interference in my right to a private or family life," she said.

"In deciding our case he determined it was indeed a disproportionate interference. I do not see the Secretary of State potentially winning an appeal at any level in the court system. It appears to be an attempt to delay the inevitable."

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