HM and Others (PBS- Legitimate Expectation – Paragraph 245Zx(I)) Malawi: UTIAC 8 Dec 2010

UTIAC 1. Funds are ‘available’ to a claimant at the material time if they are under his control in an overseas bank account.
2. Though, as is clear from Pankina v SSHD [2010] EWCA Civ 719, policy guidance that has not been laid before Parliament before the inception of the Points-Based System cannot be relied on by the Secretary of State, it can give rise to a legitimate expectation that the Secretary of State will adhere to that guidance when considering an appellant’s claim.

Judges:

Blake P J, Ockleton VP, Allen SIJ

Citations:

[2010] UKUT 446 (IAC)

Links:

Bailii

Jurisdiction:

England and Wales

Immigration

Updated: 19 September 2022; Ref: scu.444071