- Doubted — Dahir Elmi Abdi & Ors v Entry Clearance Officer 2023-12-07
“…t, considerable 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 immigrat…”
- Cited — JB (Ghana), R (on the application of) v The Secretary of State for the Home Department 2022-10-25
“…[2009] UKSC 16, and more recently see the Court of Appeal in…”
- 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:…”
- Considered — Wang & Anor, R (On the Application Of) v Secretary of State for the Home Department 2021-05-11
“…s no real dispute 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…”
- Cited — Kalsi & Ors, R (On the Application Of) v The Secretary of State for the Home Department (Rev 1) 2021-02-16
“…address he provided. The Court should seek to give the Rules a practical effect, by reading the words in their natural meaning (Mahad v Entry Clearance Officer [2009] UKSC 16; [2010] 2 All ER 535). As exchanges with the Court developed, he appeared to retreat somewhat from that position. In the end, it seemed to me that he accepted …”
- Disapproved — Hoque & Ors v The Secretary of State for the Home Department (Rev 1) 2020-10-22
“…tion whether it 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 M…”
- Cited — Hoque & Ors v The Secretary of State for the Home Department (Rev 1) 2020-10-22
“…(per Lord Brown of Eaton-under-Heywood in Mahad v ECO [2009] UKSC 16 at [10])…”
- Cited — Hameed v The Secretary of State for the Home Department 2019-07-31
“…CoS is a document for the purpose of the Immigration Rules having regard to how those Rules are to be construed: see Mahad (Ethiopia) v Entry Clearance Officer [2009] UKSC 16 per Lord Brown at [10]:…”
- Cited — Sajjad, R (On the Application Of) v Secretary of State for the Home Department 2019-04-17
“…and then purport to credit that loan back to the company as an investment. Mr Malik further relies upon what Lord Brown said in Mahad v Entry Clearance Officer [2009] UKSC 16 at [10] as to the proper approach to the construction of the Immigration Rules:…”
- Followed — Safeer & Ors, R (On the Application Of) v Secretary of State for the Home Department 2018-11-13
“…o the interpretation of the Immigration Rules the following authorities are relevant: Mahad (previously referred to as AM) (Ethiopia) v Entry Clearance Officer [2009] UKSC 16 where at [10] Lord Brown stated:…”
- Cited — Nesiama & Ors, R (On the Application Of) v The Secretary of State for the Home Department (Rev 1) 2018-06-14
“…oach to construing 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
“…cognising that they 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…”
- Cited — Babar v The Secretary of State for the Home Department 2018-03-01
“…ognising that they 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…”
- Cited — Mudiyanselage v The Secretary of State for the Home Department 2018-01-30
“… Rules – though 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).…”