KH v Bury Metropolitan Borough Council and Secretary of State for Work and Pensions (HB) (#) [2020] UKUT 50 (AAC) (14 February 2020)
Whether the "genuine chance of being engaged" test under regulation 6(2)(b)(ii) of the Immigration (EEA) Regs 2006 is contrary to EU law in respect of those with retained worker status -- Article 7(3)(b) of Directive 2004/38/EC - whether EU law differs in this context between mere workseekers and those seeking to retain worker status by jobseeking - use of referral power under section 9(5)(b) of the Tribunals, Courts and Enforcement Act 2007.
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