UTIAC Funds are ‘available’ to a claimant at the material time if they belong to a third party but that party is shown to be willing to deploy them to support the claimant for the purpose contemplated.
Article 8 does not give an Immigration Judge a free-standing liberty to depart from the Immigration Rules, and it is unlikely that a person will be able to show an article 8 right by coming to the UK for temporary purposes. But a person who is admitted to follow a course that has not yet ended may build up a private life that deserves respect, and the public interest in removal before the end of the course may be reduced where there are ample financial resources available.
Judges:
Blake J
Citations:
[2010] UKUT 305 (IAC)
Links:
Statutes:
European Convention on Human Rights 8
Jurisdiction:
England and Wales
Immigration, Human Rights
Updated: 23 August 2022; Ref: scu.422371