Kyi v Secretary of State for the Home Department [2006] EWCA Civ 1336 (03 October 2006)

Kyi v Secretary of State for the Home Department [2006] EWCA Civ 1336 (03 October 2006)

Rule 263(ii) does not require actual transfer of £25,000 per annum to the UK; it is sufficient if the applicant is able to bring such funds into the UK if needed.

Citation
[2006] EWCA Civ 1336
Parties
Claimant/appellant: Kyi; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
03 October 2006
Procedural Posture
Appeal From Asylum and Immigration Tribunal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Indefinite Leave to Remain, Retired Person of Independent Means, Interpretation of Immigration Rules, Disposability of Income
Immigration Law Indefinite Leave to Remain Retired Person of Independent Means Interpretation of Immigration Rules Disposability of Income

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Parties

Kyi

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Appeal From Asylum and Immigration Tribunal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Rule 263(ii) of the Immigration Rules requires an applicant to have actually transferred £25,000 per annum to the UK or merely to have the ability to do so

Ratio Decidendi

Rule 263(ii) does not require actual transfer of £25,000 per annum to the UK; it is sufficient if the applicant is able to bring such funds into the UK if needed.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed in terms of the draft order placed before the court by the parties.