Strand, London, WC2A 2LL
B e f o r e :
| THE QUEEN ON THE APPLICATION OF
|- AND -
|THE SOCIAL SECURITY AND CHILD SUPPORT COMMISSIONERS AND
THE SECRETARY OF STATE FOR WORK AND PENSIONS
Miss Katherine Olley for the Second Defendant
Hearing date: 22nd August 2007
Crown Copyright ©
Mr Justice Wyn Williams:
"He also questioned whether the assessment was even valid, as Tina Naylor is living in Cyprus with her current partner, who is a serving member of the armed forces. I understand that this has been confirmed as only a temporary posting."
"Tina Naylor's home address will always be where her husband has been posted (unless they split up) because she has sold the family home in England. If her home address is abroad surely, albeit temporarily, this is her base."
"The appeal is adjourned in accordance with the following directions:
1. By 4 pm on 2.2.06 the Appellant must tell the Appeals Service in Cardiff, in writing, whether he wishes to assert: a) that the tribunal still has jurisdiction to consider the question of Mrs Naylor's habitual residence; and b) that Mrs Naylor was not habitually resident in the UK at the date of the decision under appeal, namely, 30.01.04.
2. In default it will be taken that the Appellant accepts that the tribunal has no further jurisdiction over the appeal.
3. If the Appellant states, in compliance with paragraph 1, that he wishes to pursue the issue, he must, by 4 pm on 6.3.06 send to the Appeals Service details of his arguments.
4. If the appeal is to continue, the case must be referred to Mr R. Nicholson for further directions."
As page 59 of the bundle demonstrates there was then a detailed account of why the tribunal ordered the adjournment.
"Having expressed the firm view that the tribunal no longer has any jurisdiction on this appeal, I must still leave the matter open for debate as provided in the said Adjournment Notice. I request a clear election from the Appellant on whether he wishes to argue that the Tribunal still has jurisdiction and direct that, if he does, he must provide his detailed arguments within 21 days of the date on which this note is issued. I further direct that the case be referred to myself on receipt of the detailed arguments."
"It remains to be resolved whether an Appeal Tribunal can deal with this question (on a careful reading of S11(2) or whether it must go by way of judicial review (unless the Secretary of State agrees with Mr Hardman on the jurisdiction point). We ask you please to request your client to reconsider his decision on habitual residence in this particular case."
"The Secretary of State for Work and Pensions considers that, having regard to all the circumstances, Mrs Naylor is "habitually resident" and therefore he does have jurisdiction to make a maintenance calculation."