Mohammad Shethwala, a 28-year-old man, faces deportation from the United Kingdom after his wife and two-year-old daughter died in a fiery plane crash in India last June. His application for leave to remain on compassionate grounds was refused on April 9, prompting a legal challenge. Ayush S Rajpal, a case manager at Chionuma Law, describes the situation as a "genuine humanitarian case" requiring fair consideration.
The journey for Mohammad Shethwala and his wife, Sadikabanu Tapeliwala, began with profound personal sacrifice. They sold all possessions and borrowed money from neighbors, alongside their mothers selling jewelry, to finance Sadikabanu's master's degree at Ulster University’s London campus. This financial underpinning, the equivalent of life savings for many, represented a collective investment in a brighter future.
Their families in India, where Mohammad's father ran a small shop earning between Rs 10,000 and Rs 15,000 (£78-£118) monthly, and Sadikabanu’s father sold goods by bicycle, relied on this ambition. They envisioned a path that would lift both households. Their initial goal was to secure an education and then return home.
That changed. Once in Britain, the couple worked relentlessly. Sadikabanu’s student visa restricted her working hours, Mohammad says, so he took on multiple jobs, including delivery work.
Their first year focused entirely on repaying the debts to friends and neighbors. "After that, we were able to support both families," Mohammad told The Independent. They discovered a stability not possible in their home country. Britain slowly transformed from a temporary stopgap into a potential permanent home.
They started to see a future there. By spring 2025, their plans were solidifying. Mohammad states his wife had secured a job related to her studies and was preparing to transition to a Skilled Worker visa after completing her probation period.
This move would have provided a much more secure immigration footing for the entire family. It was a tangible step towards the settled life they had worked so hard to build. The future looked promising.
A family wedding in India then interrupted their progress. Both Mohammad and Sadikabanu had hoped to travel together for the event, but their work schedules prevented it. Mohammad stayed in London.
Sadikabanu and their daughter, Fatima, traveled to India without him. This decision, made for practical reasons, set the stage for an unimaginable loss. On the morning Sadikabanu and Fatima were scheduled to return to Britain, Mohammad called them. "She was at the airport," he recounted to The Independent.
He remembers his family in India urging him to leave his daughter behind with them for longer. His wife asked for his opinion. He felt hesitant.
Fatima had already been away from him for a month. Mohammad recalls his daughter crying at the airport. Sadikabanu told him she needed to complete their check-in and promised to call again once they were seated on the plane. "That call never came," he said.
Later that day, as he prepared to collect them from the airport, messages began arriving about a plane crash. He immediately telephoned the friend who had booked their tickets. Confirmation soon followed from multiple sources: it was the same flight. "I was speechless," he stated.
He could not process the information. Flight 171, a Boeing 787-8 traveling from Ahmedabad to London Gatwick, crashed shortly after take-off on June 12 last year. The aircraft struck a medical college building on the ground, killing 260 people on board, with only one survivor.
An additional 19 people died on the ground. The tragedy unfolded with brutal speed. Mohammad booked the first available flight to India.
Until his arrival, relatives attempted to shield him from the worst news, insisting his wife and daughter were safe in a hospital. This protective instinct, though well-intentioned, prolonged his agony. When he arrived in Ahmedabad and went to the civil hospital, staff requested a blood sample. "I assumed, if they are taking my blood sample, it is to identify the body," he explained.
Doctors informed him of the single survivor. A friend who had accompanied him then admitted the truth. "We did not tell you," Mohammad recalled being told, "because we wanted you to reach India safely."
His daughter Fatima’s remains were released to the family on June 17. His wife Sadikabanu’s followed on June 21. "It was given in a coffin," Mohammad said. "I did not open the coffin before cremation." For days, he struggled to accept what had occurred. "It was like a nightmare and that at any moment, I will wake up and find them both right in front of me." This kind of shock, a complete severance from reality, is a known response to sudden, overwhelming trauma. The human mind struggles to integrate such a drastic change.
Then, as Mohammad describes it, another blow followed the first. "The moment I managed to stabilise, the visa issue came like a dagger," he stated. His immigration status in the UK was dependent on his wife’s visa route. Her death left his own future uncertain.
He still possesses her job offer letter. "If my wife were alive, we would have had the skilled worker visa," he said. "Things would have been different." The bureaucratic reality collided with his deepest personal grief. Mohammad subsequently applied for Further Leave to Remain on compassionate grounds, arguing that his circumstances were exceptional. A psychiatric report detailing his mental health was submitted as part of the application, he says.
This clinical evidence aimed to demonstrate the severity of his psychological state. However, on April 9, approximately nine months after the crash, he received notice that his application had been refused. He was then granted temporary immigration bail, with an expectation to leave the country. "I was not given an opportunity to even appeal," he states.
The Home Office has not commented publicly on Mohammad Shethwala’s individual case. In reported correspondence, officials reportedly maintained that his circumstances did not meet the threshold for exceptional leave to remain in Britain. They reportedly stated that support, including mental healthcare and family connections, would be available in India.
The legal framework for compassionate grounds requires specific, often stringent, criteria to be met. Here is what the case details reveal: a profound personal tragedy intersecting with strict immigration rules. As Mohammad describes spending sleepless nights in a flat once filled with nursery rhymes, he is now consulting lawyers about whether he has any recourse to appeal the decision.
Ayush S Rajpal, a case manager at Chionuma Law, advocates for Mohammad. "We believe this is a genuine humanitarian case and request fair and kind consideration," Rajpal told The Independent. He emphasized that Mohammad has lived in the UK for four years, built a life with his wife, is working, and is settled. "It would be very difficult for him to find similar work in India," Rajpal added. "After losing his wife, he is facing financial and emotional difficulties and is under psychiatric care. In these circumstances, we kindly request that he be allowed to remain in the UK on compassionate grounds."
Mohammad maintains that returning to India would not bring him peace. "My relatives kept saying, ‘What will you do in London? Just return,’" he says. "But to leave the country for me is to also leave those memories bound to this place." His connection to the UK is not merely practical; it is deeply emotional, rooted in the life he shared with his family. He states he is not attempting to exploit a loophole or rewrite immigration rules.
The human story is wrenching. The legal framework is precise. This case highlights the complex interplay between personal tragedy and national immigration policy.
For individuals like Mohammad, the sudden loss of family is compounded by the threat of losing the very environment where those memories were forged. The psychological impact of such a dual loss, both human connection and established life, can be significant. It is a stark reminder that policy decisions, while based on legal precedents, carry immense human weight.
Before drawing conclusions, examine the specific arguments presented by both sides. Key Takeaways: - Mohammad Shethwala, 28, lost his wife and daughter in a plane crash last June. - His application for compassionate leave to remain in the UK was refused on April 9. - Lawyers for Shethwala argue his case is a "genuine humanitarian" situation. - The Home Office reportedly deems his circumstances do not meet the threshold for exceptional leave. The legal team at Chionuma Law is currently exploring options for an appeal against the refusal.
This process will involve further submissions and potentially a court hearing to challenge the Home Office's decision. Observers will watch closely to see if the arguments for compassionate grounds, supported by his psychiatric evaluation and his deep personal ties to the UK, will ultimately sway the immigration authorities or the courts. The outcome will determine whether Mohammad Shethwala can remain in the country that holds the last tangible connections to his lost family.
Key Takeaways
— - Mohammad Shethwala, 28, lost his wife and daughter in a plane crash last June.
— - His application for compassionate leave to remain in the UK was refused on April 9.
— - Lawyers for Shethwala argue his case is a "genuine humanitarian" situation.
— - The Home Office reportedly deems his circumstances do not meet the threshold for exceptional leave.
Source: The Independent
