KA and Others (Adequacy of maintenance) Pakistan
| Jurisdiction | England & Wales |
| Judgment Date | 04 September 2006 |
| Neutral Citation | [2006] UKIAT 65 |
| Date | 04 September 2006 |
| Court | Asylum and Immigration Tribunal |
Asylum and Immigration Tribunal
C M G Ockelton, Deputy President, Martin SIJ and McLachlan IJ
Representation
Mr S Park instructed by Park and Co Solicitors, for the Claimant;
Ms O'Connor, Home Office Presenting Officer, for the Entry Clearance Officer.
Cases referred to:
AA (3rd party maintenance R297(v)) Bangladesh [2005] UKAIT 00105; [2005] Imm AR 328; [2006] INLR 1
Begum, Shuman, Shurej, Begum, Zuel and Momin v Entry Clearance Officer, Dhaka (TH/23577/95), 1 October 1998 (unreported)
Islam v Entry Clearance Officer, Dhaka (TH/24034/94), 29 March 1996 (unreported)
Nisa v Entry Clearance Officer, Islamabad [2002] UKIAT 01369
RB (Maintenanceincome supportschedules) Morocco [2004] UKIAT 00142 Uvovo (00TH01450) (unreported)
Legislation judicially considered:
Immigration Rules HC 395 (as amended), paragraphs 194 and 197
Immigration spouses children accommodation maintenance meaning of adequate
The Claimants, a mother and her four children who were citizens of Pakistan, applied for entry clearance to join the Sponsor as his spouse and children. The application was refused by the Entry Clearance Officer (ECO) on the ground that the Claimants, who relied upon the Sponsor's gross income of 160 per week together with third party support, failed to meet the maintenance and accommodation requirements under paragraph 194 of the Immigration Rules HC 395 (as amended). An Immigration Judge allowed the appeals. An order for reconsideration was made on the ground that the Immigration Judge failed to consider whether the Claimants would be adequately maintained on almost 100 per week less than the income support level.
Held, substituting a fresh decision dismissing the Claimants' appeal against the decision by the ECO:
(1) the requirement of adequacy was objective, its purpose being to ensure that a proper standard, appropriate to a family living in a not inexpensive western society, was available to those who sought to live in the United Kingdom (Paras 6 and 8);
(2) the appropriate method of calculation was to separate maintenance from accommodation and first, to examine whether the accommodation was adequate, and secondly, to examine whether the income available for maintenance was equivalent to the amount that would be available to a similar family on income support once they had dealt with the costs of accommodation: Uvovo (00TH0145) applied (para 17);
(3) in the present case, there was no reason to suppose that the accommodation was not adequate (Para 18);
(4) in establishing adequate maintenance for a spouse seeking admission, third party support was excluded: AA (3rd party maintenance R297 (v)) Bangladesh [2005] UKA1T 00105 applied (para 21);
(5) given the exclusion of third party support and the Sponsor's tax liability, the Claimants failed to show that they would be adequately maintained in the United Kingdom (paras 21, 22 and 23).
Determination and Reasons
C M G Ockelton, Deputy President:
[1] The appellants, who are all citizens of Pakistan, are the wife and four children of the Sponsor, who is an Imam and has leave to remain in the United Kingdom for employment as an Imam under paragraphs 169177 of HC395 until 6th January 2009. They applied for entry clearance to be with him as his spouse and children whilst he was working here. Their applications were refused on 11th July 2005. At that date the children were aged 10, 8, 4 and 2 respectively. The Notice of Refusal is addressed to the first Appellant and four children, but gives five case reference numbers. It is in the following terms:
194. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as the spouse of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128193 (but not paragraphs 135 I135 K) are that:
(iii) There will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and
(iv) The parties will be able to maintain themselves and any dependants adequately without recourse to public funds
BECAUSE
You have applied with your children to join your husband in the UK. He has been in the UK for two years but you have not applied to visit before. You stated at interview that he was busy. He has stated in the supporting documents that his income is 160 a week however this is not reflected in his bank statements. He has not provided any evidence of wage slips and tax or national insurance contributions. I am not satisfied that his earnings are as you state or that he can maintain you during your stay.
You stated at interview that you did not know how large your husband's house is. You stated that he lives alone. In the supporting documents your husband stated that he lives with a family and that two rooms will be made available to you. I am not satisfied that two rooms is adequate for you and your husband and four children to live.
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