||All England Reporter
|| All ER (D) 443 (Nov)
||Court of Appeal, Civil Division
Pill, Sedley and Rimer LJJ
||Philip Nathan (instructed by Hersi & Co) for the claimant.
||Katherine Olley (instructed by the Treasury Solicitor) for the Entry Clearance Officer.
||28 November 2007
Immigration - Leave to enter - Refugee - Claimant seeking leave to enter as spouse of person settled in the United Kingdom - Spouse receiving disability living allowance - Application rejected on ground that claimant and spouse unable to maintain themselves without recourse to public funds - Asylum and Immigration Tribunal upholding finding - Whether disability living allowance could be used for maintenance of claimant - Whether tribunal erring.
Where the defendant had been refused entry clearance to enter the United Kingdom as a spouse of a person settled in the UK, the Asylum and Immigration Tribunal had erred in upholding the immigration judge's ruling that the claimant and his spouse would not be able to maintain themselves without recourse to public funds, as the claimant could not be maintained on his spouse's disability living allowance. Once the disability living allowance was in the spouse's hands it was for her to spend as she chose, as there was nothing in ss72 and 73 of the that required it to be spent on assistance.
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