A judge has rejected a dying woman’s plea for her mother to be allowed into the country to donate her a kidney.
The situation has been ruled not ‘compelling’ enough to bend immigration rules.
Rasha Abdalla, a mother from Manchester, desperately needs a transplant after her body rejected a donor organ two-years-ago.
The 36-year-old NHS worker says a kidney from her Sudanese mother Nimat Salih is her only chance of survival after the organ she received in Egypt in 2004 failed.
But Nimat isn’t allowed into the UK because of an historic mix-up over her passport details, reports Manchester Evening News.
MENRasha desperately needs a transplant after her body rejected a donor organ
The battle with the Home Office has rumbled on for nearly a year, with Rasha surviving purely because of dialysis, she says her life expectancy getting shorter by the day.
On dialysis, she will live a maximum of ten years. But with her mother’s kidney, she could live well into her 70s.
But during the latest in a series of appeals, immigration Judge Christopher Hanson said Rasha’s circumstances were not sufficiently ‘compelling’ to bend immigration rules.
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The Home Office rejected the family’s bid to get Nimat, 63, into the country in August last year after tests in Sudan found she was 80 per cent likely to be a match.
Officials raised concerns after noticing Nimat’s date of birth on her passport did not match a previous visa application for a visit to the UK in 2004.
MENRasha Abdalla with her mother’s kidney, Rasha could live well into her 70s
At that time, her Sudanese passport had the wrong date after an application form was filled in incorrectly.
Nimat lost that passport, and now has one with her correct birth date, which she used to apply for her latest trip.
Rasha appealed the refusal at the First-tier Tribunal Immigration and Asylum Chamber, which ruled in the family’s favour in February after they invoked Article 8 of the European Convention on Human Rights, which enshrines the right to a family life.
A judge said it would be ‘disproportionate’ not to allow Nimat into the UK to undergo further tests to see whether she was a suitable donor.
The Home Office saw an appeal to that decision knocked back – but has now won an appeal with the Upper Tier Immigration and Asylum Chamber.
Read more: Mum can’t give son her kidney because of visa dispute
Officials say they are not satisfied Nimat would be a ‘genuine visitor’ – and are not convinced she would leave.
He said that although there is a shortage of donors in the UK, Rasha will have to wait on the transplant list, rather than receive one from her mother.
MENRasha Abdalla who is pleading for her mother to be allowed into the country to donate her a kidneyOfficials say they are not satisfied Nimat would be a ‘genuine visitor’
Judge Hanson also questioned medical evidence from Sudan that Nimat is a match – and said it was not ‘essential’ for Rasha to get a new transplant immediately because she has a ten-year life expectancy on dialysis.
Ruling in the Home Office’s favour, he said ‘mere sympathy’ was not enough to break immigration rules.
Rasha, whose chances of finding another suitable organ are slim because of her condition, intends to challenge the latest decision.
She said: “With my mum’s kidney, I could live into my 70s. On dialysis, which is no way to live, I’ll die in ten years – maybe not even that.
“I’ve had more than 30 years of my life taken off my by this judge. How could he say that to a person, that they can’t live as full a life as they can?”
A Home Office spokeswoman said cases are considered on their ‘individual merits’ and that the onus is on applicants to provide evidence to meet immigration rules.
Source – UKMirror