- Doubted — Dahir Elmi Abdi & Ors v Entry Clearance Officer 2023-12-07
“… doubt whether as a matter of law the source of the money is of any relevance to the question of dependency: see Mahad v Entry Clearance Officer [2009] UKSC 16 [2010] 1 WLR 48 per Lord Brown at [34]-[36] and Lord Kerr at [56], in which using the sponsor as a conduit was held not to affect dependency under the immigration rules. Ashki…”
- Cited — Afzal, R (on the application of) v Secretary of State for the Home Department 2021-12-17
“…[[2009] UKSC 16; [2010] 1 WLR 48, para.10:…”
- Cited — Secretary of State for the Home Office v Waleed Ahmad Khattak 2021-12-09
“…The proper approach to be taken to interpretation of the Immigration Rules is common ground. It is set out in Mahad v Entry Clearance Officer [2010] 1 WLR 48 at [10]:…”
- Considered — Wang & Anor, R (On the Application Of) v Secretary of State for the Home Department 2021-05-11
“…te as to the correct approach to the interpretation of the Rules, which was that set out by the Supreme Court in Mahad v Entry Clearance Officer [2009] UKSC 16 [2010] 1 WLR 48 at [10]. At paragraph 87 of its decision, the UT said that it did not consider it to be helpful or required to set out a definition of “control” beyond what wa…”
- Disapproved — Hoque & Ors v The Secretary of State for the Home Department (Rev 1) 2020-10-22
“… is legitimate to refer to the Guidance as an aid to construction. At paras. 10-11 of his judgment in Mahad (Ethiopia) v Entry Clearance Officer [2009] UKSC 16,[2010] 1 WLR 48, Lord Brown disapproved the use of IDIs (the predecessor to Guidance documents) for this purpose; and para. 23 of the judgment of Dyson LJ in MD (Jamaica) v Se…”
- Cited — Ahmed, R (on the application of) v The Secretary of State for the Home Department 2019-06-21
“…used” not from e.g. guidance documents (per Lord Brown in Mahad (Ethiopia) v. Entry Clearance Officer [2010] 1 WLR 48 (2009) at paragraph 10). The SSHD may wish to look again at the Guidance to ensure that it does not go any further than a statement of policy.…”
- Cited — Nesiama & Ors, R (On the Application Of) v The Secretary of State for the Home Department (Rev 1) 2018-06-14
“…ng the Rules is common ground before us, and is uncontentious. As Lord Brown of Eaton-under-Heywood JSC said in Mahad v Entry Clearance Officer [2009] UKSC 16; [2010] 1 WLR 48 (a case to which both Counsel before us referred):…”
- Cited — Secretary of State for the Home Department v Ruhumuliza 2018-05-23
“…hey are statements of the Secretary of State’s administrative policy (see the observations of Lord Brown JSC in Mahad v Entry Clearance Officer [2009] UKSC 16; [2010] 1 WLR 48, para. 10) and the paragraph plainly envisages that there will be cases where, assessing the factors as a whole, it would not be in the public interest to refu…”
- Cited — Babar v The Secretary of State for the Home Department 2018-03-01
“…ey are statements of the Secretary of State’s administrative policy (see the observations of Lord Browne JSC in Mahad v Entry Clearance Officer [2009] UKSC 16; [2010] 1 WLR 48, para. 10) and the paragraph plainly envisages that there will be cases where, assessing the factors as a whole, it would not be in the public interest to refu…”
- Cited — JM (Zimbabwe), R (on the application of) v The Secretary of State for the Home Department 2018-02-15
“…ly according to the natural and ordinary meaning of the words used, recognizing that they are statements of the Secretary of State’s immigration policy” (Mahad [2010] 1 WLR 48, per Lord Brown at paragraph 10). I have never quite understood how this differentiates the construction of the Rules from the construction of statutes, where …”
- Cited — Mudiyanselage v The Secretary of State for the Home Department 2018-01-30
“…I do not believe it really does – there is warrant for such an approach in the decision of the Supreme Court in Mahad v Entry Clearance Officer [2009] UKSC 16, [2010] 1 WLR 48 – see esp per Lord Brown at para. 10 (p. 55 B-C).…”