NM v THE The Entry Clearance Officer, Amman

NM v THE The Entry Clearance Officer, Amman

The appeal fails because the Immigration Rules require maintenance without recourse to public funds, third party support was not adequately evidenced or permitted, and there is no discrimination under the Disability Discrimination Act or Article 14 ECHR. The Immigration Judge did not err in law or in her proportionality assessment under Article 8.

Parties
Appellant: NM; Respondent: Entry Clearance Officer, Amman
Jurisdiction
England and Wales
Judgment Date
27 March 2008
Procedural Posture
Immigration Appeal / Reconsideration After Initial Dismissal
Outcome
appeal dismissed
Legal Topics
Entry Clearance, Maintenance Requirements, Third Party Support, Article 8 ECHR, Article 14 ECHR, Disability Discrimination Act 1995
Immigration Law Human Rights Law Disability Discrimination Entry Clearance Maintenance Requirements Third Party Support Article 8 ECHR Article 14 ECHR +1 more

Case Brief

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Parties

NM

Appellant

Entry Clearance Officer, Amman

Respondent

Procedural Posture

Immigration Appeal / Reconsideration After Initial Dismissal

Legal Issues

  1. 1 Whether refusal of entry clearance as a spouse due to sponsor's reliance on public funds is discriminatory under the Disability Discrimination Act 1995 and/or Article 14 ECHR
  2. 2 Whether third party support can be considered under Immigration Rules para 281(v)
  3. 3 Whether the Immigration Judge erred in assessing proportionality under Article 8 ECHR

Ratio Decidendi

The appeal fails because the Immigration Rules require maintenance without recourse to public funds, third party support was not adequately evidenced or permitted, and there is no discrimination under the Disability Discrimination Act or Article 14 ECHR. The Immigration Judge did not err in law or in her proportionality assessment under Article 8.

Court Disposition

appeal dismissed

Orders

  • The Immigration Judge's determination shall stand.