Source: All England Reporter
Publisher Citation: [2012] All ER (D) 207 (Mar)
Court: Court of Appeal, Civil Division
Judge:

Carnwath, Davis LJJ and Sir Stephen Sedley
Representation Robert Williams (instructed by Hersi and Co) for the claimant.
  Deok Joo Rhe (instructed by Treasury Solicitor) for the defendant.
Judgment Dates: 28 March 2012

Catchwords

Immigration - Leave for indefinite stay - Dependent parents - Claimant's children settled in the United Kingdom - Son acting as sponsor to mother - Finding that sponsor could not support claimant without recourse to public funds - Third party willing to provide financial support to be used to maintain claimant - Shortfall of sponsor's family unit remained even with third party's financial support when contrasted against income support benchmark - Finding that support provided by third party could not be ring-fenced in favour of the support provided by the sponsor - Whether deficit of the sponsor's financial maintenance should be disregarded if a third party was providing financial support that met the income support benchmark - Immigration Rules (HC), r 317(iva).

The Case

Immigration Leave for indefinite stay. The Court of Appeal, Civil Division, upheld determinations to the effect that an applicant seeking leave for indefinite stay had a sponsor, and that sponsor's financial circumstances had not met the income support benchmark levels in order to establish that the sponsor had been able to support her without recourse to public funds. Support proffered by a third party to assist could not be ring-fenced from the sponsor's maintenance.

Practice Areas

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