News has reached us at NL Towers (or lock-up - see image at bottom of page) from a regular reader/correspondent, Simon Marciniak, of an interesting and potentially important s 204 homelessness appeal decision on the ambit of Regulation 6(2)(a), Immigration...
It’s not how long it is…
...but what you do at the end of it that counts* FMB (EEA reg 6(2)(a) – ‘temporarily unable to work’) Uganda [2010] UKUT 447 (IAC) The Immigration and Asylum Tribunal (Upper Chamber) is not our usual stamping ground, but this is a decision which has...
Residing legally …
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...
Right of residence and children in education
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...
Allocations and Homelessness amendments
Before the excitement of Ahmed tomorrow, there are two legislative developments to note. Firstly, the Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2009, SI 2009/358, has just been published. It waives the requirement...
EU Workers and housing eligibility
Barry v London Borough of Southwark [2008] EWCA Civ 1440 concerned an EEA national's eligibility for social housing, via a Part VII application. EEA 'workers' are eligible for housing assistance as they are not persons subject to immigration control for the...
Eligibility for benefits
Once again the issue of an applicant’s eligibility for benefits has come before the courts in Sylwia Kaczmarek v Secretary of State for Work and Pensions [2008] EWCA Civ 1310. I am sure that all those with an interest in housing law will appreciate the...
Homeless eligibility issue off to the ECJ
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...
In passing…
The Housing and Regeneration bill has been amended so that homeless applicants with families who are subject to immigration control will have that family count towards priority need. This will apply for UK/EU/Commonwealth citizens. Good. That will hopefully...
EU homeless and education
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...