KA and Others (Adequacy of maintenance) Pakistan  UKAIT 00065
ASYLUM AND IMMIGRATION TRIBUNAL
Date of hearing: 11 August 2006
Date Determination notified: 04 September 2006
|KA and Others||APPELLANT|
|Entry Clearance Officer - Islamabad||RESPONDENT|
DETERMINATION AND REASONS
The requirement of adequacy is objective. The level of income and other benefits that would be available if the family were drawing income support remains the yardstick.
"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 128-193 (but not paragraphs 135 I-135 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
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.
If you decide to appeal against the refusal of your application, the decision will be reviewed in conjunction with your grounds of appeal. If you have any additional documentation which addresses the reasons for refusal, you are strongly advised to submit it with your notice of appeal, as it may be possible to resolve the points at issue without the necessity for an appeal hearing.
I therefore refuse your application."
"the Sponsor lived and lives frugally and on £160 per week has been able to send £400 or so to his family per month though he has not had to pay his keep. … . It is plain that he is not paying in actuality a market rate and in fact [a third party] is subsidising the costs. I bear in mind that income support is for living expenditure and include some allowance beyond food; for furnishing, travel etc. that is minimal but is built in. The Appellants would not be living in accommodation that requires such needs to be met.
That he will do so is unchallenged, as is the fact that the Sponsor has saved money despite the modest income…. In this case to notwithstanding that evidence impose a requirement that income support levels must be met to satisfy the Rules would be arbitrary and against the actual ability to maintain as evidenced. [sic] The Rules do not prescribe a minimum and I would be wrong to apply one irrespective of the facts. The Respondent will have opportunity to review this family situation should further leave be sought but on the evidence at date of hearing even though there is a deficit of about £100 compared to the income support level the Appellants did show that they could be maintained without recourse to public funds."
C M G OCKELTON