|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 207 (Mar)|
|Court:||Court of Appeal, Civil Division|
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|
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).