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Upper Tribunal (Administrative Appeals Chamber)
You are here: BAILII >> Databases >> Upper Tribunal (Administrative Appeals Chamber) >> Cardiff City Council v HM (HB) (European Union law - free movement) [2019] UKUT 271 (AAC) (3 September 2019)
URL: http://www.bailii.org/uk/cases/UKUT/AAC/2019/271.html
Cite as: [2019] UKUT 271 (AAC)
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Cardiff City Council v HM (HB) (European Union law - free movement) [2019] UKUT 271 (AAC) (3 September 2019)
Judicial Summary
In Secretary of State for the Home Department v Ojo [2015] EWCA Civ 1301 at [20] it was held that "the acquisition of a permanent right of residence depends on continuous residence in a qualifying status." The case appears not to have been cited in the Upper Tribunal's decision in OB v SSWP (ESA) [2017] UKUT 255 (AAC) which suggested otherwise, nor in AP v SSWP (IS) [2018] UKUT 307 which, albeit obiter, followed OB. Those decisions appear to have been given per incuriam and Ojo should be followed.
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