Kyi v Secretary of State for the Home Department

Kyi v Secretary of State for the Home Department

Rule 263(ii) does not require actual annual transfer of £25,000 to the UK; it is sufficient that the applicant can bring such funds into the UK if needed. The adjudicator was correct, and the AIT was wrong in requiring physical presence of the income in the UK.

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 / Judgment on Appeal From Asylum and Immigration Tribunal
Outcome
Appeal allowed
Legal Topics
Indefinite Leave to Remain, Retired Person of Independent Means, Interpretation of Immigration Rules, Income Requirements
Immigration Law Indefinite Leave to Remain Retired Person of Independent Means Interpretation of Immigration Rules Income Requirements

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Parties

KYI

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Appeal / Judgment on Appeal From Asylum and Immigration Tribunal

Legal Issues

  1. 1 Whether Rule 263(ii) of the Immigration Rules requires actual annual transfer of £25,000 to the UK or merely the ability to transfer such funds

Ratio Decidendi

Rule 263(ii) does not require actual annual transfer of £25,000 to the UK; it is sufficient that the applicant can bring such funds into the UK if needed. The adjudicator was correct, and the AIT was wrong in requiring physical presence of the income in the UK.

Court Disposition

Appeal allowed

Orders

  • Order in terms of the draft order placed before the court by the parties