AM (Ethiopia) & Ors & Anor v Entry Clearance Officer

AM (Ethiopia) & Ors & Anor v Entry Clearance Officer

Third party support cannot be relied upon to satisfy maintenance requirements under Immigration Rules 281, 297, and 317; only the resources of the sponsor or specified family member may be considered. DLA may be taken into account as maintenance if it is actually used for the entrant, but income support may not. Article 8 ECHR does not require the Rules to allow third party support. The sponsor is the person named in the application and cannot be substituted after the fact.

Parties
Appellant: AM (Ethiopia); Appellant: SA (Somalia); Appellant: MB (Pakistan); Appellant: VS (Sri Lanka); Appellant: MI (Somalia) & ANR; Respondent: Entry Clearance Officer
Jurisdiction
England and Wales
Judgment Date
16 October 2008
Procedural Posture
Appeal / Judgment of the Court of Appeal (civil Division) on Appeal From the Asylum and Immigration Appeal Tribunal
Outcome
Appeals in AM and MB allowed and remitted to the AIT for further findings; appeals otherwise dismissed.
Legal Topics
Immigration Rules Interpretation, Third Party Support in Immigration, Disability Living Allowance as Maintenance, Article 8 ECHR, Role of Sponsor in Immigration Applications
Immigration Law Human Rights Law Immigration Rules Interpretation Third Party Support in Immigration Disability Living Allowance as Maintenance Article 8 ECHR Role of Sponsor in Immigration Applications

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Parties

AM (Ethiopia)

Appellant

SA (Somalia)

Appellant

MB (Pakistan)

Appellant

VS (Sri Lanka)

Appellant

MI (Somalia) & ANR

Appellant

Entry Clearance Officer

Respondent

Procedural Posture

Appeal / Judgment of the Court of Appeal (civil Division) on Appeal From the Asylum and Immigration Appeal Tribunal

Legal Issues

  1. 1 Whether third party support can satisfy maintenance requirements under Immigration Rules 281, 297, and 317
  2. 2 Whether Disability Living Allowance (DLA) can be used as maintenance under the Rules
  3. 3 Whether income support can be used as maintenance under the Rules

Ratio Decidendi

Third party support cannot be relied upon to satisfy maintenance requirements under Immigration Rules 281, 297, and 317; only the resources of the sponsor or specified family member may be considered. DLA may be taken into account as maintenance if it is actually used for the entrant, but income support may not. Article 8 ECHR does not require the Rules to allow third party support. The sponsor is the person named in the application and cannot be substituted after the fact.

Court Disposition

Appeals in AM and MB allowed and remitted to the AIT for further findings; appeals otherwise dismissed.

Orders

  • Remit AM and MB to the AIT for findings on adequacy and use of DLA as maintenance and, in MB, for Article 8 consideration.
  • Appeals in VS, SA/AW, and KA/MI dismissed except as to the points remitted in MB and AM.