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England and Wales Case Law

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Social security

Secretary of State for Work and Pensions v WV

The Upper Tribunal held that an EU national could rely on resources from a UK spouse, including some social assistance, to satisfy self-sufficiency for residence and universal credit purposes.

  • Universal credit
  • Right to reside
  • Self-sufficiency
  • Social assistance
  • Eu citizenship
  • Directive 2004/38/ec
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Public law [2019] EWHC 2537 (Admin)

OA, R (on the application of) v London Borough of Camden & Anor

OA, R (on the application of) v London Borough of Camden & Anor [2019] EWHC 2537 (Admin) (15 August 2019)

The High Court granted permission for judicial review on procedural fairness and reconsideration grounds in a Children Act section 17 support case.

  • Section 17 children act 1989
  • Schedule 3 nationality, immigration and asylum act 2002
  • Eea regulations 2016
  • Procedural fairness
  • Destitution
  • Derivative rights
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Immigration law

Secretary of State for the Home Department v Robinson (Jamaica)

The Court of Appeal held that the Upper Tribunal had erred in treating Zambrano as absolute and remitted a deportation case for fresh proportionality assessment.

  • Deportation
  • Derivative rights of residence
  • Proportionality
  • Best interests of the child
  • Public policy exception
  • Criminal conviction and deportation
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European union law

LO v Secretary of State for Work and Pensions (IS)

The Upper Tribunal upheld the refusal of income support, finding the appellant had no right to reside under EU or UK law and no derivative right via her children.

  • Right to reside
  • Income support
  • Derivative rights
  • Proportionality
  • Eu citizenship
  • Child welfare
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Social security [2016] EWCA Civ 395

Alhashem v The Secretary of State for Work and Pensions

Alhashem v The Secretary of State for Work and Pensions [2016] EWCA Civ 395 (21 April 2016)

The Court of Appeal held that employment and support allowance is social assistance, not a labour market-related benefit, so an EU job seeker could not claim it.

  • Right to reside
  • Employment and support allowance
  • Eu citizenship
  • Benefits tourism
  • Social assistance
  • Labour market-related benefits
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Social security law

Alhashem v The Secretary of State for Work and Pensions

The Court of Appeal held that non-contributory ESA is social assistance, not a labour market-related benefit, so an EU job seeker could not claim it.

  • Right to reside
  • Social assistance
  • Labour market-related benefits
  • Eu citizenship
  • Non-contributory benefits
  • Social-security
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Social security [2016] EWCA Civ 657

Borovikovs v London Borough of Lewisham & Anor

Borovikovs v London Borough of Lewisham & Anor [2016] EWCA Civ 657 (13 April 2016)

The Court of Appeal refused permission to appeal in a housing benefit case, holding the applicant had no arguable right to reside and no viable discrimination challenge.

  • Housing benefit
  • Right to reside
  • Indirect discrimination
  • Eu citizenship
  • Council tax benefit
  • Housing-benefit
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Social security law

Borovikovs v London Borough of Lewisham & Anor

The Court of Appeal refused permission to appeal in a housing benefit case, holding there was no real prospect of success on EU nationality, ECSMA, residency, or discrimination grounds.

  • Housing benefit
  • Right to reside
  • Eu citizenship
  • Indirect discrimination
  • Ecsma
  • Article 14 echr
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Nationality law

Pham v Secretary of State for the Home Department

The Supreme Court held that Pham was not rendered stateless by deprivation of British citizenship because Vietnamese nationality had not been shown to have been lost on the relevant date.

  • Statelessness
  • Deprivation of citizenship
  • Proportionality
  • Judicial review
  • Eu citizenship
  • Deprivation-of-citizenship
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.