ON APPEAL FROM UPPER TRIBUNAL
ADMINISTRATION APPEALS CHAMBER
MR JUSTICE WALKER & UPPER TRIBUNAL JUDGES WARD
AND HOWELL QC REF: CIS/184/08
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE MOSES
MRS JUSTICE BARON
| Secretary of State for Work and Pensions
|- and -
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Mr Simon Cox (instructed by SA Law Chambers Solicitors) appeared on behalf of the Respondent.
Crown Copyright ©
Lord Justice Maurice Kay:
"a) a worker for the purposes of Council Directive No.2004/38/EC;
b) a self-employed person for the purposes of that Directive;
c) a person who retains a status referred to in subparagraph (a) or (b) pursuant to Article 7(3) of that Directive."
"1. All Union citizens shall have the right of residence on the territory of another Member State for a period of longer than three months if they:
(a) are workers or self-employed persons in the host Member State…
3. For the purposes of paragraph 1(a), a Union citizen who is no longer a worker or self-employed person shall retain the status of worker or self-employed person in the following circumstances:
(c) he/she is in duly recorded involuntary unemployment after completing a fixed-term employment contract of less than a year or after having become involuntarily unemployed during the first twelve months and has registered as a job-seeker with the relevant employment office. In this case, the status of worker shall be retained for no less than six months…" (emphasis added)
The case for the Secretary of State
"…if the national authorities check that employment is being sought seriously, effectively and consistently, this should enable them in any event to identify those persons who are not genuinely looking for employment."
"any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment."
"to enter oneself or have one's name recorded in a list of people [frequently as a legal requirement] as being of a specified category."
At first sight, this is what the respondent did when she ticked the affirmative box and handed the form to a DWP official.
"A valid residence permit may not be withdrawn from a worker solely on the grounds that he is no longer in employment, either because he is temporarily incapable of work as a result of illness or accident, or because he is involuntarily unemployed, this being duly confirmed by the competent employment office." (emphasis added)
Lord Justice Moses:
Mrs Justice Baron:
Order: Appeal dismissed