MK (Somalia) v Entry Clearance Officer

MK (Somalia) v Entry Clearance Officer

By majority, the Court of Appeal held that DLA, once paid to the sponsor, is her property to use as she wishes, and may be considered available for the maintenance of the applicant spouse if, as a matter of fact, it is to be so used. However, the case was remitted to the Tribunal to make findings of fact as to...

Source-derived case information.

Parties
Appellant: MK (Somalia); Respondent: Entry Clearance Officer
Jurisdiction
England and Wales
Judgment Date
28 November 2007
Procedural Posture
Immigration Appeal / Appeal From Asylum and Immigration Tribunal to Court of Appeal
Outcome
appeal allowed; remitted to Tribunal
Legal Topics
Entry Clearance, Maintenance Requirements, Disability Living Allowance, Public Funds, Spousal Immigration
Immigration Law Social Security Law Entry Clearance Maintenance Requirements Disability Living Allowance Public Funds Spousal Immigration

Source-derived case record

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Parties

MK (Somalia)

Appellant

Entry Clearance Officer

Respondent

Procedural Posture

Immigration Appeal / Appeal From Asylum and Immigration Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether Disability Living Allowance (DLA) received by a UK sponsor can be relied upon by an applicant spouse to satisfy the maintenance requirement under Immigration Rule 281(v) without recourse to public funds.

Ratio Decidendi

By majority, the Court of Appeal held that DLA, once paid to the sponsor, is her property to use as she wishes, and may be considered available for the maintenance of the applicant spouse if, as a matter of fact, it is to be so used. However, the case was remitted to the Tribunal to make findings of fact as to whether the sponsor will actually devote DLA to the applicant's maintenance, which is necessary to satisfy Rule 281(v).

Court Disposition

appeal allowed; remitted to Tribunal

Orders

  • Appeal allowed
  • Case remitted to the Tribunal for findings of fact on the use of DLA for maintenance