VS (Sri Lanka) v Entry Clearance Officer

VS (Sri Lanka) v Entry Clearance Officer

Permission to appeal is granted solely on the ground of whether third-party financial support can satisfy the dependency requirement under Rule 317(iii), as there is an arguable margin of difference from MW (Liberia). Arguments based on disability discrimination and Article 8 are rejected as unsustainable on the...

Source-derived case information.

Parties
Appellant: VS (Sri Lanka); Respondent: Entry Clearance Officer
Jurisdiction
England and Wales
Judgment Date
25 February 2008
Procedural Posture
Immigration Appeal / Application for Permission to Appeal From AIT to Court of Appeal
Outcome
permission to appeal granted on a single ground
Legal Topics
Entry Clearance, Dependency Under Immigration Rules, Third Party Financial Support, Article 8 ECHR, Disability Discrimination
Immigration Law Human Rights Law Entry Clearance Dependency Under Immigration Rules Third Party Financial Support Article 8 ECHR Disability Discrimination

Source-derived case record

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Parties

VS (Sri Lanka)

Appellant

Entry Clearance Officer

Respondent

Procedural Posture

Immigration Appeal / Application for Permission to Appeal From AIT to Court of Appeal

Legal Issues

  1. 1 Whether third-party financial support satisfies the dependency requirement under Immigration Rule 317(iii)
  2. 2 Whether refusal to admit the appellant violates Article 8 ECHR (right to family life)
  3. 3 Whether the application of Rule 317 constitutes disability discrimination

Ratio Decidendi

Permission to appeal is granted solely on the ground of whether third-party financial support can satisfy the dependency requirement under Rule 317(iii), as there is an arguable margin of difference from MW (Liberia). Arguments based on disability discrimination and Article 8 are rejected as unsustainable on the facts and law.

Court Disposition

permission to appeal granted on a single ground

Orders

  • Permission to appeal granted on the ground of third-party support under Rule 317(iii).
  • Directions for conduct of the appeal to be reserved and given in writing.