An interesting argument emerged before the Court of Appeal in Lekpo-Bozua v Hackney LBC (SoS for Communities and Local Government joined as interested party) [2010] EWCA Civ 909. The issue arose around the difference between, on the one hand, an entitlement to the main housing duty under section 193, Housing Act 1996, to successful homelessness applicants, and, on the other hand, the duty owed in “a restricted case” under section 193(7AA). The restricted case material was inserted into the 1996 Act (finally) by section 314, Housing and Regeneration Act 2008, in order to deal with the declaration of incompatibility found in R(Morris) v Westminster CC [2006] 1 WLR 505 … Read the full post
Tag Archive for 'right to reside'
LB Harrow v Ibrahim C‑310/08 on reference from the Court of Appeal (LB Harrow v Ibrahim and another [2008] EWCA Civ 386. Our note here).
The question was whether:
(a) children of EU citizens who have installed themselves in a member state during the exercise by their parents of rights as residence as workers in that state are entitled to reside in the state in order to attend general educational courses;
(b) a parent who is the primary carer of those children – irrespective of his or her nationality – is entitled to reside with the children in order to allow the children to exercise that right. The … Read the full post
Yesiloz v London Borough of Southwark [2009] EWCA Civ 415 was concerned with whether a Turkish asylum seeker was entitled to housing benefit.
Ms Yesiloz arrived in the UK in the late 1990s and claimed asylum. She moved into premises in Camden and claimed HB on 11 April 2006. Her claim was rejected on the ground that she did not have a right to reside in the UK. In January 2007 an Appeal Tribunal held that she was entitled to HB, but the Social Security Commissioner allowed the local authority’s appeal in June 2008. Ms Yesiloz then appealed to the Court of Appeal.
In February 2008 she was granted exceptional … Read the full post
Teixeira v London Borough of Lambeth [2008] EWCA Civ 1088 is a Court of Appeal hearing, referring questions about right of residence under Art 12 of Regulation (EEC) 1612/68 to the European Court. (This is very much a continuation of the issues in LB Harrow v Ibrahim [2008] EWCA Civ 386 – see this previous post on Nearly Legal).
The appellant is a citizen of Portugal, living in the UK since 1989. One of her children was living with her and was in full time education in London. Ms Teixeira had at one point been working but was no longer doing so, nor seeking work.
Ms Teixeira applied to … Read the full post
A Court of Appeal case, concerning eligiblity for housing assistance via EU status
London Borough of Harrow v Ibrahim & Anor [2008] EWCA Civ 386 (21 April 2008)
The facts are, briefly, Mrs Ibrahim is a Somali national, married to a Danish national. He came to the UK in 2002 and worked until 2003, when he claimed incapacity benefit to 2004. He was then declared fit. He didn’t take up work and left the UK shortly afterwards. he returned in December 2006 and remained without work.
Mrs Ibrahim and their four children joined Mr Ibrahim in the UK in Feb 2003. The children started school in Harrow and have remained … Read the full post
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