Source: All England Reporter
Publisher Citation: [2008] All ER (D) 14 (Jan)
Court: Queen's Bench Division, Administrative Court

Blake J

Representation Paul Greatorex (instructed by the Treasury Solicitor) for the Secretary of State.
  Jacques Rene (instructed by S J Solicitors) for the claimant.
Judgment Dates: 14 January 2008


Immigration - Leave for indefinite stay - Dependent parents - Claimant applying for indefinite leave to remain on basis of financial dependency - Secretary of State refusing application - Whether Secretary of State erring.

The Case

In the instant case, the Secretary of State had not erred in refusing the claimant's application for indefinite leave to remain upon the basis of financial dependency, where his sister and her daughter, who had arrived in the United Kingdom at a subsequent date, had asserted that the claimant had taken financial responsibility for them. The instant case was not one where a person had cared for a child because the child had no other carer. The fact that the claimant's sister and niece had chosen to live with him had not necessitated any element of dependency.

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