Court of Appeal
MW (Liberia) v Secretary of State for the Home Department
Published January 15, 2008

A foreign national child of parents or a relative present and settled in the UK was not entitled to enter unless he would be maintained, without recourse to public funds, by the parent or relative he was seeking to join, not third parties.

The Court of Appeal (Lord Justice Tuckey, Lord Justice Lawrence Collins and Lord Justice Rimer) so held on December 20, 2007, allowing on other grounds an appeal by MW, a Liberian girl aged 13, from a decision of the Asylum and Immigration Tribunal on March 23, 2007, not order to reconsideration of the rejection of her entry clearance appeal.

LORD JUSTICE TUCKEY said MW’s mother was settled in the UK but living on benefit while studying for a social care qualification. Friends had offered to fund the child’s maintenance in the UK.

Securing maintenance from some third party was not maintenance by the parent as required by rule 297(v) of the Immigration Rules (HC 395). Even if third parties gave the parent money to maintain the child, it could not be said that the parent was maintaining the child.

It was not possible to characterise moneys received in that way as income or assets of the parent. Nor could it be, because if it was, it would have to be declared to the Benefits Agency.

The risk, if not the reality, that it would not be declared would involve recourse to public funds.

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