Abdi-Malik Muhumed (previously referred to as AM (No 2)) (Somalia) (Appellant) v Entry Clearance Officer (Respondent)

Case summary

Case ID

UKSC/2009/0116

Parties

Appellant(s)

Abdi-Malik Muhumed (previously referred to as AM (No 2)) (Somalia)

Respondent(s)

Entry Clearance Officer

Intervener(s)

Equality and Human Rights Commission

Issue

(1) Is the 'maintenance' criterion in paragraph 281(v) of the Immigration Rules to be regarded as satisfied where a third party, as opposed to the applicant and/or the relevant sponsor, undertakes to provide ongoing financial support to the party seeking entry clearance? (2) Does article 8 and/or article 14 of the European Convention on Human Rights require that: (i) an exception be provided to paragraph 281(v) where the spouse (who is also the sponsor) of the party seeking entry is unable to work due to disability; or (ii) the rule that the parties must be able to maintain themselves from their own funds be relaxed to allow such parties to rely upon third party funding for maintenance?

Facts

The Appellant appeals against the refusal of entry clearance to travel to the UK from Somalia in order to reside with his wife. The Appellant and his wife, who is a British citizen resident in the UK, are impecunious. The Appellant’s wife claims that she is unable to work due to a disability affecting her spine. She relies upon state benefits for maintenance. The Appellant asserts that if he is permitted to enter the UK a cousin of his wife will provide the couple with financial support, meaning that they will not be dependant upon public funding for maintenance.

Date of issue

22 June 2009

Judgment appealed

Linked cases

Judgment details

Judgment date

16 December 2009

Neutral citation

[2009] UKSC 16

Judgment links

Appeal

Justices

Hearing dates

Full hearing

Start date

9 November 2009

End date

11 November 2009

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