AM v Secretary of State for Work and Pensions and another (JSA, IS and HB): [2019] UKUT 361 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Wright on 15 November 2019.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 17 December 2019

• Categories: European Union law, Residence and presence conditions, Tribunal procedure and practice
• Sub-categories: European Union law - free movement, Residence and presence conditions - right to reside, Tribunal procedure and practice - costs
• Judges: Wright, S
• Decision date: 15 November 2019

Read the full decision in CJSA/1637/2017, CIS/1888/2017 and CH/1889/2017.

Judicial Summary

Whether ‘secondary’ or contingent right to reside as primary carer of under school age child where that child’s right to reside is because he is the family member of the other parent, who has a right to reside, but where the child’s primary carer is not a family member of the other parent – whether right of residence can arise as an extended family member even when no residence document in place – whether Upper Tribunal can award costs on social security appeals.

Decision selected for reporting as [2020] AACR 17

Published 17 December 2019