MH (Working holidaymaker: intention to support)
| Jurisdiction | England & Wales |
| Judge | C M G OCKELTON,DEPUTY PRESIDENT |
| Judgment Date | 07 December 2007 |
| Neutral Citation | [2008] UKAIT 39 |
| Date | 07 December 2007 |
| Court | Asylum and Immigration Tribunal |
[2008] UKAIT 39
ASYLUM AND IMMIGRATION TRIBUNAL
THE IMMIGRATION ACTS
Mr C M G Ockelton, Deputy President of the Asylum and Immigration Tribunal
Designated Immigration Judge McClure
For the Appellant: Mr. D. Marrington of Alam Ahmed Ltd
For the Respondent: Mr C. Wood, Home Office Presenting Officer
MH (Working holidaymaker: intention to support) Bangladesh
The intention required by para 95(v) of HC 395 must be realistic and genuine and sufficient resources must be available (see TS [2008] UKAIT 00024 ). The intention does not, however, need to be comprehensive and an acknowledgement that other hospitality will be available is not therefore fatal to an application.
The appellant, a citizen of Bangladesh, appealed to the Tribunal against the decision of the Respondent on 25 February 2007 refusing him Entry Clearance as a working holidaymaker. An Immigration Judge dismissed his appeal. The appellant sought and obtained an order for reconsideration. Thus the matter comes before us.
The question at issue in this reconsideration is whether the Immigration Judge erred in his interpretation and application of the provisions of para 95(v) of the Statement of Changes in Immigration Rules, HC 395, which requires a person seeking Entry Clearance as a working holidaymaker to show that he:
“is able and intends to maintain and accommodate himself without recourse to public funds”.
Before the Immigration Judge the appellant established his ability to maintain and accommodate himself without recourse to public funds. In fact it is clear that the appellant is unusually wealthy for a person proposing a working holiday. We observe in passing that since this appeal was heard the Court of Appeal has in MW (Liberia) v SSHD [2007] EWCA Civ 1376 endorsed the Tribunal's reading of the requirement in a number of rules that an applicant be able to maintain and accommodate himself, and the Tribunal has applied that reading to working holidaymakers ( TS [2008] UKAIT 00024) and to the dependent family members of students, as distinct from students themselves ( PA [2008] UKAIT 00016).
The appellant's difficulty is that at the hearing his sister, who lives in the United Kingdom, gave evidence that during his working holiday he would be staying either with her or with another sister in London and that his hosts would provide all his accommodation and food free of charge. In those circumstances the Immigration Judge concluded that the requirement that the appellant intend to maintain and accommodate himself had not been made out. It was for that reason that he dismissed the appeal.
The rules relating to working holidaymakers are not entirely easy to interpret. In attempting to do so we have to look at them in the context of the Immigration Rules as a whole....
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