AM (Somalia) (FC) (Appellant) and others v Entry Clearance Officer (Respondent)

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AM (Somalia) (FC) (Appellant) and others v Entry Clearance Officer (Respondent)

Michaelmas Term [2009] UKSC 16

On appeal from: [2008] EWCA Civ 1082 [2009] EWCA Civ 634

JUDGMENT

Ahmed Mahad (previously referred to as AM) (Ethiopia) (Appellant) v Entry Clearance Officer (Respondent)

Sahro Ali (previously referred to as SA) (Somalia) and Amal Wehelia (previously referred to as AW) (Somalia) (Appellants) v Entry Clearance Officer (Respondent)

Malyun Ismail (previously referred to as MI) (Somalia) and Khadra Abdillahi (previously referred to as KA) (Somalia)

(Appellants) v Entry Clearance Officer (Respondent)

Vettivetpillai Sakthivel (previously referred to as VS) (Sri Lanka) (Appellant) v Entry Clearance Officer (Respondent)

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

before

Lord Hope, Deputy President Lord Rodger

Lord Brown Lord Collins

Lord Kerr

JUDGMENT GIVEN ON

16 December 2009

Heard on 9, 10 and 11 November 2009

Appellant (AM 1) Respondent Manjit Gill QC Monica Carss-Frisk QC James Collins Jonathan Hall

(Instructed by Sheikh and Co Solicitors)

(Instructed by Treasury Solicitors)

Appellant (AM 2) Appellant (MI and KA) Michael Fordham QC Lord Pannick QC

Joanna Stevens Rory O'Ryan (Instructed by Refugee and Migrant Justice)

(Instructed by Jackson & Canter LLP)

Appellant (SA and AW) Appellant (VS) Michael Fordham QC Manjit Gill QC

Philip Nathan Sophie Weller

Danny Bazini Alexis Slatter

(Instructed by Hersi & Co

Solicitors)

(Instructed by Kingston and Richmond Law Centre)

Intervener

Catherine Casserley (Instructed by Equality & Human Rights

Commission)

LORD BROWN

1. Part 8 of the Statement of Changes in Immigration Rules (HC 395), entitled Family Members, contains a number of rules setting out the conditions to be satisfied by various categories of family members seeking leave to enter the UK to settle with other family members already settled here ("sponsors" as the Rules describe some of them). Rule 281 deals with spouses (or, following amendment, civil partners); rule 297 with children; rule 317 with parents, grandparents and other dependant relatives. All of them include a requirement that those seeking entry will be able to be accommodated and maintained here without recourse to public funds. T...

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