Lim v Entry Clearance Officer Manila

Lim v Entry Clearance Officer Manila

A person who is financially independent and able to meet their essential needs from their own resources is not a dependent direct relative under regulation 7(1)(c) of the Immigration (European and Economic Area) Regulations 2006 and Article 2.2(d) of Directive 2004/38/EC, even if they receive financial support from an EU citizen; dependency requires actual need for material support.

Parties
Respondent/claimant: Siew Lian Lim; Appellant/defendant: Entry Clearance Officer Manila
Jurisdiction
England and Wales
Judgment Date
28 July 2015
Procedural Posture
Immigration Appeal / Appeal From Upper Tribunal (immigration and Asylum Chamber) to Court of Appeal
Outcome
Appeal allowed; decision of Upper Tribunal overturned.
Legal Topics
Dependency Under Citizens Directive, Family Member Definition, Entry Clearance, Financial Independence and Dependency
Immigration Law European Union Law Dependency Under Citizens Directive Family Member Definition Entry Clearance Financial Independence and Dependency

Case Brief

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Parties

Siew Lian Lim

Respondent/claimant

Entry Clearance Officer Manila

Appellant/defendant

Procedural Posture

Immigration Appeal / Appeal From Upper Tribunal (immigration and Asylum Chamber) to Court of Appeal

Legal Issues

  1. 1 Whether a person with sufficient savings who chooses to rely on financial support from an EU citizen can be regarded as a dependent direct relative under regulation 7(1)(c) of the Immigration (European and Economic Area) Regulations 2006 and Article 2.2(d) of Directive 2004/38/EC

Ratio Decidendi

A person who is financially independent and able to meet their essential needs from their own resources is not a dependent direct relative under regulation 7(1)(c) of the Immigration (European and Economic Area) Regulations 2006 and Article 2.2(d) of Directive 2004/38/EC, even if they receive financial support from an EU citizen; dependency requires actual need for material support.

Court Disposition

Appeal allowed; decision of Upper Tribunal overturned.

Orders

  • Respondent not recognised as a dependent family member under Article 2.2 of the Citizens Directive.
  • No remittal to Upper Tribunal; case concluded.