KH v Bury Metropolitan Borough Council and Secretary of State for Work and Pensions (HB): [2020] UKUT 50 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Wright on 14 February 2020.

From:
HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
Published
11 March 2020
Categories:
European Union law and Residence and presence conditions
Sub-categories:
European Union law - workers and Residence and presence conditions - right to reside
Judges:
Wright, S
Decision date:
14 February 2020

Read the full decision in .

Judicial Summary

Whether the 鈥済enuine chance of being engaged鈥� test under regulation 6(2)(b)(ii) of the Immigration (EEA) Regs 2006 is contrary to EU law in respect of those with retained worker status 鈥撯�� Article 7(3)(b) of Directive 2004/38/EC - whether EU law differs in this context between mere workseekers and those seeking to retain worker status by jobseeking - use of referral power under section 9(5)(b) of the Tribunals, Courts and Enforcement Act 2007.

Decision selected for reporting as [2020] AACR 22

Updates to this page

Published 11 March 2020