Commentary

This case should be read alongside Ojikutu v The Secretary of State for the Home Department [2025] UKAITUR UI2024005652. They are both concerned with deterioration. In Ojikutu the issue was the evidence for a deterioration. In this case the issue was the extent or degree of the deterioration, its real world impact in terms of effect on daily life and ability to cope and the mitigating effects of help and treatment. 

Learning points:

• When predicting a decline in mental health, it is necessary to explain the extent or degree of that decline and what impact it will have in real terms on daily life and ability to cope.

• Be able to explain why it will not be possible to rely on help and treatment from medical professionals to stop or reduce a decline in mental or physical health.

• Where spouses may be separated, address the impact of separation, specifically its consequences.

• Where a recommended treatment plan does not appear to have been actioned, by a general practitioner, it is necessary to address this.

• Particularise which symptoms would be exacerbated if the spouse returns alone and what impact this will have in real terms upon the spouse's daily life.

• The tribunal needs a detailed and reasoned explanation of how the spouse's mental health would evolve if returned to their home country alone.

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