Upper Tribunal (Administrative Appeals Chamber)

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You are here: BAILII >> Databases >> Upper Tribunal (Administrative Appeals Chamber) >> Secretary of State for Work and Pensions v AS (CA) (Other current benefits, Residence and presence conditions) [2021] UKUT 24 (AAC) (4 February 2021)
URL: http://www.bailii.org/uk/cases/UKUT/AAC/2021/24.html
Cite as: [2021] UKUT 24 (AAC), [2021] WLR(D) 147, [2021] PTSR 1367

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Secretary of State for Work and Pensions v AS (CA) (#) [2021] UKUT 24 (AAC) (4 February 2021)

Can a person who would otherwise be a "person subject to immigration control" under Immigration and Asylum Act 1999, s 115(9) rely on the provisions of SI 2000/636 which exempt a member of a family of a national of a state which is a party to the Oporto Agreement on the European Economic Area if the national has not exercised freedom of movement rights? CDLA/708/2007 followed, on additional grounds. JFP v Department for Social Development(DLA) [2012] NiCom 267 not followed.

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